Smith (Bankrupt), Re, (1995) 148 N.S.R.(2d) 334 (SC)
Judge | Nathanson, J. |
Court | Supreme Court of Nova Scotia (Canada) |
Case Date | November 14, 1995 |
Jurisdiction | Nova Scotia |
Citations | (1995), 148 N.S.R.(2d) 334 (SC) |
Smith (Bankrupt), Re (1995), 148 N.S.R.(2d) 334 (SC);
429 A.P.R. 334
MLB headnote and full text
In The Matter of the Bankruptcy of Thomas George Smith
And In The Matter of the Bankruptcy of Leisa Yvonne Smith
Trans Canada Credit Corporation (applicant) v. Price Waterhouse Limited, Trustee in Bankruptcy of Thomas George Smith and Leisa Yvonne Smith (respondent)
(S.H. Nos. 18916; 18917)
Indexed As: Smith (Bankrupt), Re
Nova Scotia Supreme Court
In Bankruptcy
Nathanson, J.
December 1, 1995.
Summary:
Trans Canada Credit claimed security over certain assets belonging to two bankrupts which were described in a chattel mortgage. The Registrar in Bankruptcy disallowed Trans Canada's claim over certain assets. Trans Canada appealed.
The Nova Scotia Supreme Court, In Bankruptcy, dismissed the appeal, except with respect to one item.
Chattel Mortgages and Bills of Sale - Topic 1183
Validity - Essential elements - Description of chattels - Sufficiency of - When the Smiths became bankrupt, Trans Canada claimed security over certain of the Smiths' assets under a chattel mortgage - Pursuant to the chattel mortgage, the Smiths granted a security interest over all home furnishings "now" located at R.R. #2, West River Station, N.S. - The chattel mortgage also included a list of items - The Nova Scotia Supreme Court, In Bankruptcy, held that the general description of property in the chattel mortgage created two problems (i.e., uncertainty as to what property was located at the address when the mortgage was executed and uncertainty of the location of the premises because of the R.R. #2 address) - Further, the list of items included no model numbers or serial numbers.
Cases Noticed:
Price Waterhouse Ltd. v. Royal Trust Corp. of Canada (1978), 78 N.S.R.(2d) 4; 193 A.P.R. 4; 64 C.B.R.(N.S.) 2 (C.A.), refd to. [para. 7].
McCall v. Wolff (1885), 13 S.C.R. 130, refd to. [para. 9].
Hovey v. Whiting (1887), 14 S.C.R. 515, refd to. [para. 9].
Federal Savings Credit Union v. Alchorn and Dorey (1983), 61 N.S.R.(2d) 217; 133 A.P.R. 217 (T.D.), refd to. [para. 14].
Bentley, Re (1973), 1 O.R.(2d) 120 (Ont. S.C. Bktcy.), refd to. [para. 15].
Gergley v. MacIntosh, [1945] 3 W.W.R. 600 (Sask. C.A.), refd to. [para. 15].
Heritage Savings & Trust Co. v. Wallace and Wallace (1986), 77 A.R. 65 (Q.B.), dist. [para. 18].
Hamlyn (Bankrupt), Re (1993), 112 Nfld. & P.E.I.R. 8; 350 A.P.R. 8 (Nfld. T.D.), refd to. [para. 24].
Statutes Noticed:
Bills of Sale Act, R.S.N.S. 1989, c. 39, sect. 5 [para. 1].
Counsel:
John D. Stringer, for the applicant;
G.R.P. Moir, Q.C., for the respondent.
This case was heard in chambers on November 14, 1995, in Halifax, Nova Scotia, before Nathanson, J., of the Nova Scotia Supreme Court, In Bankruptcy, who delivered the following judgment on December 1, 1995.
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