Respondent
Petitioner
Factual Background: The petitioners bought the Log Loader in 2018 and financed it through a lease with John Deere Canada. They made all payments and obtained a release from John Deere Financial in 2022, confirming no remaining interest. DLL registered its interest in 2023, based on a sale agreement with JWB Timber, who did not appear in court. The petitioners had judgments against William Baumel and Twenty Ten Developments Ltd. for amounts related to the Log Loader.
Legal Arguments/Issues: The petitioners argued they owned the Log Loader and did not grant any interest in it to others. They purchased it from Brandt Tractor Ltd. and financed it through John Deere Canada ULC. DLL registered a security interest based on a conditional sale and assignment agreement. The core issue was whether the petitioners or DLL had a valid claim to the Log Loader under the Personal Property Security Act (PPSA).
Court’s Decision: The court found the petitioners owned the Log Loader and DLL's registration was invalid. It ordered the cancellation of DLL's registration.
Costs Awarded: The petitioners were awarded regular costs against DLL. DLL could pursue claims against Brandt Tractor, JWB Timber, or Westly Baumel.
Court
Supreme Court of British ColumbiaCase Number
CAR-S-S-15413Practice Area
Corporate & commercial lawAmount
Winner
PetitionerTrial Start Date
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