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ARTICLE · 04 APRIL 2012

Cross-Border Security Interests: Choice Of Law In Canada

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In this global economy, the laws of different jurisdictions come into play with respect to the priority and enforcement of interests against personal property when, for example, a debtor carries on business in different countries or provinces, or its personal property moves across borders.

CanadaFinance and Banking
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Article by Deborah S. Grieve*

1. Introduction

In this global economy, the laws of different jurisdictions come into play with respect to the priority and enforcement of interests against personal property when, for example, a debtor carries on business in different countries or provinces, or its personal property moves across borders.

This paper offers a primer on Canadian personal property security legislation choice of law provisions, and suggests a general approach from a Canadian perspective to address inter-jurisdictional disputes regarding personal property. The finance lawyer may find this analysis a useful in considering how to ensure that secured transactions are enforceable not only as against the debtor, but also against third parties claiming an interest in the collateral.

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