Capital Plymouth Chrysler Inc. v. Euro Sport Auto Sales Ltd., (1998) 224 A.R. 298 (QBM)

• Court: Court of Queen''s Bench of Alberta (Canada)
• Case Date: Friday June 12, 1998
• Citations: (1998), 224 A.R. 298 (QBM)

Cap. Plymouth v. Euro Sport Auto (1998), 224 A.R. 298 (QBM)

MLB headnote and full text

Temp. Cite: [1998] A.R. TBEd. JL.009

Capital Plymouth Chrysler Inc. and Capital Plymouth Chrysler Inc., carrying on business under the firm name and style of Capital Chrysler Jeep Eagle and Capital Chrysler Jeep Eagle (applicants) v. Euro Sport Auto Sales Ltd. (respondent)

(Action No. 9803-05514)

Indexed As: Capital Plymouth Chrysler Inc. v. Euro Sport Auto Sales Ltd.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Funduk, Master in Chambers

June 12, 1998.

Summary:

At issue in this lawsuit was whether the document the respondent held qualified as a security agreement under s. 10(1)(b) of the Personal Property Security Act (Alta.).

A Master of the Alberta Court of Queen's Bench held that the document did not qual­ify as a security agreement.

Personal Property - Topic 6007

Security interests - General - Security agreement defined - The creditor gave a loan on the security of a truck - The truck was left with the creditor as well as the vehicle registration certificate - The back of the vehicle registration certificate (the section 2 certificate) had been signed in blank by the alleged owner of the truck - The creditor lost possession of the truck but registered a financing statement at Personal Property Security Registry - A Master of the Alberta Court of Queen's Bench held that the section 2 certificate did not qualify as a security agreement under s. 10(1)(b) of the Personal Property Security Act (Alta.) - The Master ordered the Registry to discharge the financing statement registered by the creditor.

Cases Noticed:

Alberta (Treasury Branches) v. Faja Bison Ranch Inc. (1994), 152 A.R. 112 (Q.B.), refd to. [para. 15].

Statutes Noticed:

Personal Property Security Act, S.A. 1988, c. P-4.05, sect. 10(1)(a), sect. 10(1)(b)(i) [para. 11].

Authors and Works Noticed:

Cuming, Ronald C.C., and Wood, Rode­rick J., Alberta Personal Property Secur­ity Handbook (2nd Ed.), pp. 108 to 109 [para. 15].

Counsel:

G. Orr (Bryan & Company), for the appli­cant;

C.M. Odishaw (Odishaw & Odishaw), for the respondent.

This application was heard by Funduk, Master in Chambers, of the Alberta Court of Queen's Bench, Judicial District of Edmon­ton, who delivered the following decision on June 12, 1998.