Canadian Imperial Bank of Commerce and Clarkson Co. Ltd. as Receiver and Manager of Outdoor Experience Ltd. v. Outboard Marine Corp. of Canada Ltd., (1983) 58 N.S.R.(2d) 400 (TD)
Judge | Clarke, J. |
Court | Supreme Court of Nova Scotia (Canada) |
Case Date | March 03, 1983 |
Jurisdiction | Nova Scotia |
Citations | (1983), 58 N.S.R.(2d) 400 (TD) |
CIBC v. Outboard Marine Corp. (1983), 58 N.S.R.(2d) 400 (TD);
123 A.P.R. 400
MLB headnote and full text
Canadian Imperial Bank of Commerce and Clarkson Company Limited as Receiver and Manager of Outdoor Experience Limited v. Outboard Marine Corporation of Canada Ltd.
(1982 S.H. No. 39827)
Indexed As: Canadian Imperial Bank of Commerce and Clarkson Co. Ltd. as Receiver and Manager of Outdoor Experience Ltd. v. Outboard Marine Corp. of Canada Ltd.
Nova Scotia Supreme Court
Trial Division
Clarke, J.
April 12, 1983.
Summary:
The defendant Outboard supplied goods to the plaintiff Outdoor for retail sale. The goods were secured by conditional sales contracts whereby property in the goods remained with the defendant until the purchase price was paid in full. The plaintiff gave a power of attorney to the defendant to enable the defendant to execute the conditional sales contracts on its behalf. The plaintiffs, including the receiver-manager of Outdoor, applied for an order that the power of attorney and certain conditional sales contracts executed under that power were void because of s. 5(b) of the Instalment Payment Contracts Act.
The Nova Scotia Supreme Court, Trial Division, dismissed the application, holding that the power of attorney and the contracts were valid.
Conditional Sales - Topic 886
The contract - Statutory prohibitions - Seller's agent acting as agent for buyer - S. 5(b) of the Instalment Payment Contracts Act provided that any provision in any conditional sales contract whereby any person acting on behalf of the seller is deemed to be the agent of the buyer, is void - The Nova Scotia Supreme Court, Trial Division, held that a conditional sales contract signed by the conditional seller under a valid power of attorney from the conditional buyer did not violate s. 5(b).
Statutes Noticed:
Instalment Payment Contracts Act, R.S.N.S. 1967, c. 147, sect. 1 [para. 26]; sect. 1(f) [para. 22]; sect. 2(1) [paras. 24 to 25]; sect. 5(b) [paras. 10 to 11, 14, 16, 27 to 31].
Authors and Works Noticed:
Ziegel, Jacob S., Retail Instalment Sales Legislation: A Historical and Comparative Survey (1961-62), 14 U. of T. L.J. 152 [para. 20].
Counsel:
J. Craig McCrea, for the plaintiffs;
Christopher C. Robinson, for the defendant.
This application was heard before CLARKE, J., of the Nova Scotia Supreme Court, Trial Division, in Chambers, at Halifax, Nova Scotia, on March 3, 1983. The decision of CLARKE, J., was delivered on April 12, 1983.
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