Legal Briefs
The following information is prepared for information purposes only. It is not intended to express a legal opinion. In all cases where you require a legal opinion, it is recommended that you contact a lawyer.
Should you have any questions or comments relating to this material, please contact Peter Balsdon at your convenience.
Commercial Tenancies Act (CTA)
Is it reasonable for a commercial landlord to withhold consent until a default is cured? A general feature of real property is that it can be transferred to a new owner.
Commercial Tenancies Act (CTA)
It would seem that the application of commercially reasonable practices when it comes to storage charges against a tenant’s abandoned goods and chattels is not always the case.
Commercial Tenancies Act (CTA)
When a tenant abandons their goods and chattels following a landlord’s termination of tenancy for non-payment of rent, what is the mechanism wherein a landlord can claim storage charges?
Commercial Tenancies Act (CTA)
Landlord’s election between two mutually exclusive remedies is irrevocable and once the election is made, the other remedy is unavailable during the same default period.
Consumer Protection Act, 2002 (CPA)-Application of 2/3rds Rule
A used car dealer sells a vehicle for the sum of $10,000.00. The purchaser decides to accept the dealers offer to finance the purchase.
Repair and Storage Liens Act (RSLA) –Barred from further legal action
A motor vehicle repairer performed substantial repair work on a vehicle which invoice totaled $5,000.
Personal Property Security Act (PPSA)-Exempt Collateral
A pay day loan company also advances loans against the security of vehicles providing that the vehicle is six (6) years or newer and lien free.