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ARTICLE · 01 JULY 2015

Two Recent Conditional Sales Contract Decisions Uphold Secured Parties' Rights

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TD Auto Finance (Canada) Inc. entered into a conditional sale contract (CSC) with Ahmed Salman to finance the purchase of a vehicle.

CanadaFinance and Banking
Jonathan Fleisher
Jonathan Fleisher
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Two recent cases, one in Alberta (TD Auto Finance (Canada) Inc. v. Yan, 2015 ABCA 114) and one in Ontario (BMW Financial Services Canada v. McLean, 2015 ONCA 342) both at the Court of Appeal level, upheld a secured party's claim in an automobile registered under applicable Personal Property Security Act legislation. While neither case is particularly remarkable or groundbreaking, each is a reminder that courts uphold the rights of a secured party even where the facts are sympathetic to a consumer.

TD Auto Finance (Canada) Inc. v. Yan

TD Auto Finance (Canada) Inc. entered into a conditional sale contract (CSC) with Ahmed Salman to finance the purchase of a vehicle. The CSC contained a typical clause stipulating that Mr. Salman could not sell the car without the prior written consent of TD. After Mr. Salman's first NSF cheque appeared, he made no subsequent payment and TD appears to have written-off the loan as bad debt. Months later, Mr. Yan purchased the vehicle

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