Canadian Personal Property Security Law, 2nd Edition
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Author Bruce MacDougall states in the preface to this Second Edition, “In the over five years since the first edition of this book was written, there has been what might best be called an expected evolution in the law of secured transactions.”
Building on the success of his earlier book that focused on personal property security law in British Columbia, MacDougall has taken that content and nationalized, revised and expanded it to facilitate its appeal and application to all common law jurisdictions in the country.
A comprehensive, up-to-date treatise covering personal property secured transactions law in Canada, this resource deals with all significant statutory and regulatory provisions applicable under the Personal Property Security Act (PPSA), the Securities Transfer Act and the Bank Act. The treatise also provides a comprehensive coverage of case law in this area.
Much of the information in the book is provided through charts and tables that offer valuable visual summaries of the rules and how they apply. As well, the text provides an extensive discussion of the common law personal property regime that lies behind and is still relevant to the PPSA.
What’s New in this Edition
- Incorporation of and discussion of statutory changes including:
- Ontario new rules relating to registrations
- Manitoba new rules relating to vexatious registrations
- Yukon adoption of the rules elsewhere on investment property including the adoption of the Securities Transfer Act
- Major revisions to Saskatchewan’s statutes to modernize the PPSA in areas to do with electronic chattel paper, purchase money security interests, perfection and priority of negotiable and quasi-negotiable instruments and property and accounts, among other issues. Saskatchewan will also adopt conflicts rules relating to the location of the debtor that will be similar to those in Ontario. All these Saskatchewan changes are likely to be considered for adoption by other jurisdictions in the coming years
- Many judicial developments that relate to interpretation of the PPSA, including:
- Cases from all provinces (except P.E.I.)
- Cases from the Supreme Court of Canada
- Appellate decisions from the courts of Ontario, B.C., Alberta, Saskatchewan and Nova Scotia
- New material relating to estoppel and the interpretation of contracts.
A Valuable Reference
Canadian Personal Property Security Law, 2nd Edition provides a practical, accessible look at this complex area of the law, and will be particularly useful to:
- Bankruptcy and insolvency lawyers who must deal with the intricacies of personal property secured transactions on a regular basis
- Business lawyers who require a firm grasp of secured transactions in order to better advise their clients
- Law school students and instructors of secured transaction and commercial law courses who will benefit from this comprehensive guide on personal property secured transactions in Canada
Table of contents
Chapter 1 - Situating the PPSA
Chapter 2 - Personal Property: The Common Law Background to the PPSA
Chapter 3 - Transactions Creating a Security Interest: Parties, Form and the Obligation Secured
Chapter 4 - The Property Encumbered: Collateral and Proceeds
Chapter 5 - Creating the Security Interest: Attachment
Chapter 6 - Perfection of the Security Interest
Chapter 7 - Competing Interests: Priority and Detachment Rules
Chapter 8 - Competition with a Non- Security Interest
Chapter 9 - Competition with Another Security Interest
Chapter 10 - Default and Remedies
Chapter 11 - Conflict Rules
Chapter 12 - Federal Security Regimes