General Motors Acceptance Corp. of Canada Ltd. et al. v. Osman Auction Inc., (1994) 150 A.R. 293 (QBM)

• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: February 16, 1994
• Citations: (1994), 150 A.R. 293 (QBM)

GMAC v. Osman Auction Inc. (1994), 150 A.R. 293 (QBM)

MLB headnote and full text

General Motors Acceptance Corporation of Canada Limited and Calmont Leasing Ltd. (plaintiffs) v. Osman Auction Inc. (defendant)

(Action No. 9303 04436)

Indexed As: General Motors Acceptance Corp. of Canada Ltd. et al. v. Osman Auction Inc.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Funduk, Master in Chambers

February 16, 1994.

Summary:

A lessor sued the agent of a bankrupt lessee for wrongful conversion of a leased truck. The lessor applied for summary judg­ment for part of their claim with leave to continue the balance of the action.

A Master of the Alberta Court of Queen's Bench con­cluded that the agent had com­mitted the tort of conversion and ordered the action to go to trial for assessment of dam­ages.

Torts - Topic 3093

Trespass - Trespass to goods - Conver­sion - What constitutes - A lessee hired an agent to sell a leased truck - Although not entitled to purchase, the lessee advised the agent that the lessor would be paid in full - The agent sold the truck resulting in the lessee being in default on the lease and entitling the lessor to possession - The lessee defaulted on lease payments and went bankrupt - The agent realized the situation, repurchased the truck and left it on the lessee's property - The truck disap­peared - The lessor sued the agent for conversion and applied for summary judg­ment - The Alberta Court of Queen's Bench granted summary judgment and ordered damages to be assessed - The court stated that assessment should be from the date of sale.

Torts - Topic 3107

Trespass - Trespass to goods - Conver­sion - Damages - [See Torts - Topic 3093 ].

Cases Noticed:

Portage Credit Union Ltd. v. D.E.R. Auc­tions Ltd. et al. (1994), 145 A.R. 395; 55 W.A.C. 395 (C.A.), consd. [para. 38].

McNamara Estate v. Nilsson Brothers Inc. et al. (1992), 125 A.R. 62; 14 W.A.C. 62; 1 Alta. L.R.(3d) 232 (C.A.), refd to. [para. 38].

Federal Business Development Bank v. T & T Engineering Ltd., [1982] 4 W.W.R. 126 (B.C.S.C.), refd to. [para. 38].

Fry (R.F.) & Associates (Pacific) Ltd. v. Reimer et al. (1993), 25 B.C.A.C. 311; 43 W.A.C. 311; 83 B.C.L.R.(2d) 199 (C.A.), consd. [para. 47].

Larue v. Larue (1977), 2 A.R. 446 (T.D.), refd to. [para. 49].

Statutes Noticed:

Conditional Sales Act, R.S.A. 1980, c. C-21, sect. 3(1) [para. 4].

Personal Property Security Act, S.A. 1988, c. P-4.05, sect. 75(2) [para. 20].

Rules of Court (Alta.), rule 159(5) [para. 58].

Authors and Works Noticed:

Street, The Law of Torts (8th Ed. 1988), pp. 36, 37 [para. 39].

Winfield and Jolowicz on Tort (13th Ed. 1989), pp. 470, 471 [para. 37]; 478 [para. 39].

Counsel:

L.D. Young (Ackroyd, Piasta & Co.), for the plaintiffs;

P. Pidde (Duncan & Craig), for the defen­dant.

This application was heard before Funduk, Master in Chambers, of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered judgment on February 16, 1994.