Canadian Cooperative Agricultural Services v. Beaton, (1990) 97 N.S.R.(2d) 266 (TD)

• Judge: Grant, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: April 10, 1990
• Jurisdiction: Nova Scotia
• Citations: (1990), 97 N.S.R.(2d) 266 (TD)

Co-op Agricultural Serv. v. Beaton (1990), 97 N.S.R.(2d) 266 (TD);

    258 A.P.R. 266

MLB headnote and full text

Canadian Cooperative Agricultural Services, carrying on business as Agrifinance (plaintiff) v. Angus J. Beaton (defendant)

(S.H. No. 69805)

Indexed As: Canadian Cooperative Agricultural Services v. Beaton

Nova Scotia Supreme Court

Trial Division

Grant, J.

May 9, 1990.

Summary:

An assignee of a conditional sales contract and the original purchaser applied under rule 25.01(1) for the court to determine, as a preliminary question of law, whether a misdescription in the conditional sales contract rendered the original contract void.

The Nova Scotia Supreme Court, Trial Division, held that the original purchaser was not a party protected by the registration requirements of the Act, therefore, the misdescription did not invalidate the assigned debt.

Conditional Sales - Topic 342

Statutory requirements - Registration - Misdescription of serial number of vehicle - Beaton purchased a tractor from Keneric - The conditional sales contract, which was assigned to Agrifinance, misdescribed the model year and serial number - Beaton defaulted on payments to Agrifinance - The Nova Scotia Supreme Court, Trial Division, held that Beaton, as the original purchaser under the contract, was not a person protected by the registration requirements of the Conditional Sales Act - Accordingly, the misdescription did not invalidate the debt.

Conditional Sales - Topic 343

Statutory requirements - Registration - Purpose of registration or filing - [See Conditional Sales - Topic 342 ].

Cases Noticed:

Price Waterhouse Limited v. Royal Trust Corporation of Canada (1987), 78 N.S.R.(2d) 4; 193 A.P.R. 4 (C.A.), dist. [para. 8].

Royal Bank of Canada v. First Pioneer Investments Limited, [1984] 2 S.C.R. 125; 54 N.R. 255, refd to. [para. 9].

Statutes Noticed:

Civil Procedure Rules (N.S.), rule 25.01(1) [para. 1].

Conditional Sales Act, R.S.N.S. 1989, c. 84, sect. 3(1) [para. 6].

Counsel:

J.B. Isnor, for the plaintiff;

A.J. LeBlanc, Q.C., for the defendant.

This application was heard on April 10, 1990, at Halifax, Nova Scotia, in Chambers before Grant, J., of the Nova Scotia Supreme Court, Trial Division, who delivered the following judgment on May 9, 1990.