Case information
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33153
Bank of Montreal v. Innovation Credit Union
(Saskatchewan) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2010-11-16 | Appeal closed | |
| 2010-11-08 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2010-11-08 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2010-11-05 |
Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, The appeal from the judgment of the Court of Appeal for Saskatchewan, Number 1572, 2009 SKCA 35, dated March 12, 2009, heard on April 19, 2010, is dismissed with costs to the Credit Union throughout. Dismissed, with costs |
|
| 2010-05-10 | Transcript received, (95 pages) (joint with 33152) | |
| 2010-04-19 |
Hearing of the appeal, 2010-04-19, CJ Bi LeB De F Abe Cha Ro Cro Judgment reserved |
|
| 2010-04-19 | Judgment reserved OR rendered with reasons to follow | |
| 2010-04-19 | Acknowledgement and consent for video taping of proceedings, All parties consented | |
| 2010-04-19 | Respondent's condensed book, Joint with 33152 - filed in Court | Innovation Credit Union |
| 2010-04-19 | Appellant's condensed book, Filed in Court | Bank of Montreal |
| 2010-04-16 | Correspondence received from, Donald H. Layh by fax (Joint with 33152), re.: request for 10 reserved seats at the hearing | Innovation Credit Union |
| 2010-04-13 | Notice of appearance, Rick Van Beselaere and Peter T. Bergbusch will be appearing | Bank of Montreal |
| 2010-04-01 | Supplemental document, Supplemental Authorities joint with 33152, Completed on: 2010-04-01 | Innovation Credit Union |
| 2010-03-31 | Notice of appearance, Donald H. Layh, Q.C. and Shawn M. Patenaude will be appearing | Innovation Credit Union |
| 2010-03-12 | Notice of hearing sent to parties | |
| 2010-03-12 |
Appeal hearing scheduled, 2010-04-19, (start time 9:00) Judgment reserved |
|
| 2010-03-10 | Appeal perfected for hearing | |
| 2010-03-03 | Respondent's book of authorities, Completed on: 2010-03-03 | Innovation Credit Union |
| 2010-03-03 | Respondent's factum, Completed on: 2010-03-03 | Innovation Credit Union |
| 2010-01-08 | Appellant's record, CD and filing form rec'd Jan. 14/10, Completed on: 2010-01-15 | Bank of Montreal |
| 2010-01-08 | Appellant's book of authorities, CD and filing form rec'd Jan. 14/10, Completed on: 2010-01-15 | Bank of Montreal |
| 2010-01-08 | Appellant's factum, CD and filing form rec'd Jan. 14/10, Completed on: 2010-01-15 | Bank of Montreal |
| 2009-11-05 | Correspondence (sent by the Court) to, all parties from Registrar, Re: Conflict | |
| 2009-09-28 | Notice of appeal, CD missing - Rec'd on October 2, 2009, Completed on: 2009-10-05 | Bank of Montreal |
| 2009-09-02 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2009-08-28 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2009-08-28 | Judgment on leave sent to the parties | |
| 2009-08-27 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Saskatchewan, Number 1572, 2009 SKCA 35, dated March 12, 2009, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2009-07-20 | All materials on application for leave submitted to the Judges, Bi F Cha | |
| 2009-07-13 | Order on motion to extend time | |
| 2009-07-13 |
Decision on motion to extend time, to serve and file the applicant's reply to June 22/09, Reg Granted |
|
| 2009-07-13 | Submission of motion to extend time, Reg | |
| 2009-07-10 | Response to motion to extend time, consent rec'd from agent by e-mail, Completed on: 2009-07-10 | Innovation Credit Union |
| 2009-07-02 | Motion to extend time, to serve and file the reply, Completed on: 2009-07-02 | Bank of Montreal |
| 2009-06-22 | Applicant's reply to respondent's argument, Extension of time requested, Completed on: 2009-07-02 | Bank of Montreal |
| 2009-06-09 | Correspondence received from, Peter Bergbusch dated June 9, 2009. Re: Return of C/A order form | Bank of Montreal |
| 2009-06-08 | Respondent's response on the application for leave to appeal, Completed on: 2009-06-08 | Innovation Credit Union |
| 2009-05-19 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2009-05-11 | Book of authorities | Bank of Montreal |
| 2009-05-11 | Application for leave to appeal, Trial court order missing - Rec'd on June 22, 2009. Signed CA order missing - Rec'd C/A order on June 15, 2009, Completed on: 2009-06-23 | Bank of Montreal |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Bank of Montreal | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Innovation Credit Union | Respondent | Active |
Counsel
Party: Bank of Montreal
Counsel
Peter T. Bergbusch
700 - 2103 11th Avenue
Regina, Saskatchewan
S4P 4G1
Telephone: (306) 347-8300
FAX: (306) 347-8350
Email: rick.vanbeselaere@balfourmoss.com
Agent
55, rue Metcalfe
Bureau 300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-8504
FAX: (613) 236-9632
Email: cmonnin@heenan.ca
Party: Innovation Credit Union
Counsel
Welke House, P.O. Box 250
216 Road Avenue East
Langenburg, Saskatchewan
S0A 2A0
Telephone: (306) 743-5631 Ext: 631
FAX: (306) 743-5568
Email: layh.law@sasktel.net
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Personal property security - Constitutional law - Division of powers - Legislation - Interpretation - Whether a prior unregistered security interest taken under The Personal Property Security Act, 1993, S.S., c. P-6.2, has priority over a subsequent security interest taken and registered under the Bank Act, S.C. 1991, c. 46.
Under the terms of a loan agreement and a general security agreement dated October 7, 1991, a farmer (the “debtor”) received a loan from the Respondent in exchange for granting a security interest in agricultural equipment. The Respondent did not register its security interest in the property at the Personal Property Registry until June 28, 2004. Meanwhile, the debtor borrowed money from the Appellant, who took a valid Bank Act registered security interest in the same collateral secured by the Respondent. When the debtor defaulted and the Appellant seized the collateral, an issue arose as to which security interest had priority.
Lower court rulings
Court of Queen’s Bench of Saskatchewan
Q.B. 111/2007, 2007 SKQB 471
Order declaring that Respondent's security interest in collateral has priority over Applicant's security interest
Court of Appeal for Saskatchewan
1572, 2009 SKCA 35
Appeal allowed
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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