Joseph Group of Companies Inc. v. Pickles Tents and Awnings Ltd., (1981) 10 Man.R.(2d) 19 (CA)

• Judge: Monnin, Hall and Matas, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: August 18, 1981
• Jurisdiction: Manitoba
• Citations: (1981), 10 Man.R.(2d) 19 (CA)

Joseph Group v. Pickles Tents (1981), 10 Man.R.(2d) 19 (CA)

MLB headnote and full text

Joseph Group of Companies Inc. v. Pickles Tents and Awnings Ltd.

Indexed As: Joseph Group of Companies Inc. v. Pickles Tents and Awnings Ltd.

Manitoba Court of Appeal

Monnin, Hall and Matas, JJ.A.

August 18, 1981.

Summary:

The plaintiff applied for a replevin order for the return of goods sold to the defendant. The invoice reserved title in the plaintiff until payment, but the defendant went into receivership before payment.

The Manitoba County Court in a judgment reported 9 Man.R.(2d) 204 allowed the application for a replevin order, because title was reserved in the plaintiff, notwithstanding a prior registered security agreement of the defendant's bank. The defendant appealed.

The Manitoba Court of Appeal, Monnin, J.A., dissenting, allowed the appeal, because the plaintiff's invoice was a security interest, which was not signed or registered as required by the Personal Property Security Act.

Personal Property - Topic 6002

Security interest - General - Application of legislation - The Manitoba Court of Appeal held that the Personal Properties Security Act was applicable to a sale of goods reserving title in the seller.

Personal Property - Topic 6045

Security interest - Form - Signing of security interest - The Manitoba Court of Appeal held that an invoice reserving title in the seller was a security interest and to be enforceable against a third party was required to be signed pursuant to s. 10 of the Personal Property Security Act - See paragraphs 35 to 37.

Personal Property - Topic 6063

Security interests - Registration - General - Requirement of registration - The Manitoba Court of Appeal held that an invoice reserving title in the seller was a security interest and to be enforceable was required to be registered pursuant to ss. 22 and 25 of the Personal Properties Security Act - See paragraph 38.

Cases Noticed:

Rogerson Lumber Co. Ltd. v. Four Seasons Chalet Ltd. and Bank of Montreal et al. (1978), 113 D.L.R.(2d) 671; 12 B.L.R. 93 (Ont. C.A.), consd. [para. 15]; appld. [para. 34].

Stephanian's Persian Carpets Ltd., Re, [1980] 1 P.P.S.A.C. 119, consd. [para. 15].

Toyerama, Re, [1980] 1 P.P.S.A.C. 126, consd. [para. 15].

National Trailer Convoy of Canada Ltd. v. Bank of Montreal (1980), 10 B.L.R. 196, consd. [para. 15].

Hillstead Ltd., Re (1979), 9 B.L.R. 74 (Ont. S.C.), consd. [para. 15]; appld. [para. 38].

National Trailer Convoy of Canada Ltd. v. Bank of Montreal (1980), 10 B.L.R. 196 (Ont. H.C.), appld. [paras. 32, 34].

Congreve & Congreve v. Inland Revenue Commissioners, [1946] 2 All E.R. 170, reversed [1947] 1 All E.R. 168, appld. [para. 41].

Statutes Noticed:

Personal Property Security Act, C.C.S.M., c. P-25, sect. 1(d), sect. 1(aa), sect. 1(u), sect. 1(x) [para. 27]; sect. 2 [para. 28]; sect. 3 [para. 29]; sect. 3(2) [para. 10]; sect. 9 [para. 40]; sect. 10 [para. 35]; sect. 12(1) [para. 42]; sect. 13 [para. 41]; sect. 22(1), sect. 25 [para. 38]; sect. 68 [para. 30].

Sale of Goods Act, C.C.S.M., c. S-10.

Authors and Works Noticed:

Black's Law Dictionary (5th Ed.) [para. 41].

Stroud's Judicial Dictionary (4th Ed.) [para. 41].

Ziegel, The Quickening Pace of Jurisprudence under the Ontario Personal Property Security Act (1979-80), 4 Can. Bus. L.J. 54 [para. 26].

Counsel:

A.M. Kaufman and M.S. Palay, for the appellant;

L.C. Greenberg, Q.C., for the respondent.

This case was heard on May 7, 1981, at Winnipeg, Manitoba, before MONNIN, HALL and MATAS, JJ.A., of the Manitoba Court of Appeal.

On August 18, 1981, the judgment of the Court of Appeal was delivered and the following opinions were filed:

MONNIN, J.A., dissenting - see paragraphs 1 to 16;

MATAS, J.A. - see paragraphs 17 to 50.

HALL, J.A., concurred with MATAS, J.A.