Pyke v. Merchant Growth Asset Financing Ltd.
Daryl Edward Pyke
Law Firm / Organization
Not Specified
Lawyer(s)

J.L. Martin

Inez Aileen Pyke
Law Firm / Organization
Not Specified
Lawyer(s)

J.L. Martin

Merchant Growth Asset Financing Ltd. formerly known as Merchant Advance Asset Financing Ltd.

Background: The dispute centered on the enforcement and interpretation of a security agreement following the appellants' default on lease payments for a logging truck, for which a motorcycle was pledged as collateral.

Legal Issues: The primary legal issues included the applicability of the "seize or sue" provisions of the Personal Property Security Act (PPSA) and whether the motorcycle pledged as collateral qualified as a "consumer good" under the same act. The initial ruling favored the respondent, allowing them to seize the motorcycle and sue for damages due to the lease default.

Held: The appeal was allowed, and the action against the appellants was dismissed. The Court of Appeal overturned the lower court's decision, ruling that the motorcycle was indeed a consumer good. As such, its seizure by the respondent extinguished any further rights to sue for damages related to the lease default. The court emphasized that the definition of consumer goods in the security agreement could not override statutory protections meant to benefit consumers.

Costs/Damages Awarded: The court did not award any costs or damages in favor of the successful party, thus finalizing the matter with the cessation of further legal actions against the appellants regarding the lease agreement.

Court of Appeals for British Columbia
CA48318
Corporate & commercial law
Appellant