Shmon v. Park Pontiac Buick GMC Ltd. et al., (1997) 119 Man.R.(2d) 14 (QBM)

• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: March 25, 1997
• Jurisdiction: Manitoba
• Citations: (1997), 119 Man.R.(2d) 14 (QBM)

Shmon v. Park Pontiac Buick (1997), 119 Man.R.(2d) 14 (QBM)

MLB headnote and full text

Temp. Cite: [1997] Man.R.(2d) TBEd. MY.027

Kirk Gregory Shmon (plaintiff) v. Park Pontiac Buick GMC Ltd. (defendant) and Lionel Robert, 3345671 Manitoba Ltd., carrying on business under the firm name and style of Weigh Masters Pro Tournament Systems and the said Weigh Masters Pro Tournament Systems (third parties)

(Suit No. CI-96-01-98658)

Indexed As: Shmon v. Park Pontiac Buick GMC Ltd. et al.

Manitoba Court of Queen's Bench

Winnipeg Centre

Ring, Master

March 25, 1997.

Summary:

Shmon attended a car dealership and took possession of a car he had won at a fishing derby. The derby had insufficient funds in its bank account to cover the cheque it had written to the dealership to pay for the car. The dealership caused a financing statement to be registered in the personal property security registry to secure its interest in the car and had the car seized. Shmon sued the dealership and sought summary judgment.

A Master of the Manitoba Court of Queen's Bench allowed the motion.

Practice - Topic 5702

Judgments and orders - Summary judg­ments - Jurisdiction or when available - Shmon attended a car dealership and took possession of a car he had won at a fishing derby - The derby had insufficient funds in its bank account to cover the cheque it had written to the dealership to pay for the car - The dealership caused a financing statement to be registered in the personal property security registry to secure its interest in the car and had the car seized - A Master of the Manitoba Court of Queen's Bench granted Shmon summary judgment - Shmon was an innocent third party - He did everything required of him - The dealership transferred title to him without qualification or condition.

Sale of Goods - Topic 3086

Transfer or loss of title to third parties - General - Innocent third party - [See Practice - Topic 5702 ].

Cases Noticed:

United Shoe Machinery Co. of Canada v. Brunet et al., [1909] A.C. 330 (P.C.), refd to. [para. 12, Appendix].

Clough v. London and North Western Railway Co. (1871), L.R. 7 Exch. 26 (Ex. Ch.), refd to. [para. 13].

Kupchak et al. v. Dayson Holdings Ltd. et al. (1965), 53 W.W.R.(N.S.) 65 (B.C.C.A.), refd to. [para. 13, Appendix].

Consolidated Investments Ltd. v. Acres (1917), 35 W.W.R. 1426 (Alta. C.A.), refd to. [para. 13, Appendix].

Duffin and Crowfoot Ford Sales Ltd. v. Maul et al., [1993] 4 W.W.R. 201; 139 A.R. 12 (Q.B.), refd to. [para. 19, Ap­pendix].

R. v. Duffin - see Duffin and Crowfoot Ford Sales Ltd. v. Maul et al.

Smith v. Grouette (1885), 2 Man. L.R. 314 (Q.B.), refd to. [para. 22, Appendix].

Winnipeg Condominium Corp. No. 36 v. Bird Construction Co. et al., [1995] 1 S.C.R. 85; 176 N.R. 321; 100 Man.R.(2d) 241; 91 W.A.C. 241, refd to. [Appendix].

Podkriznik v. Schwede, [1990] 4 W.W.R. 220; 64 Man.R.(2d) 199 (C.A.), refd to. [Appendix].

Group Against Smokers' Pollution Inc. v. Lotteries Licensing Board (Man.), [1980] 6 W.W.R. 367; 5 Man.R.(2d) 1 (C.A.), refd to. [Appendix].

Walters v. National Beverages Inc. (1967), 422 P.2d (Utah S.C.), refd to. [Ap­pendix].

Paul v. Western Canada Lottery Founda­tion, Toronto-Dominion Bank and Paw­luk, [1981] 6 W.W.R. 456; 11 Sask.R. 349 (C.A.), refd to. [Appendix].

Newtons of Wembley Ltd. v. Williams, [1965] 1 Q.B. 560 (C.A.), refd to. [Ap­pendix].

Counsel:

Gérard J. Simard, for the plaintiff;

Betty A. Johnstone, for the defendant.

This motion was heard by Ring, Master of the Manitoba Court of Queen's Bench, Win­nipeg Centre, who delivered oral judgment on March 25, 1997, and the following writ­ten reasons on April 10, 1997.