Draft Uniform Liens Act 1995

1995 Quebec, QC

Civil Section Documents - Draft Uniform Liens Act

By: Madam Justice Georgina Jackson, Saskatchewan Court of Appeal

[See 1995 Proceedings at page 45]


Table of Contents

DEFINITIONS

NATURE AND EXTENT OF LIEN

PERFECTION AND PRIORITY OF LIEN

ENFORCEMENT

GENERAL APPLICATION OF THE PERSONAL PROPERTY ACT


DEFINITIONS

1 In this Act,

"consumer goods" means goods that are used or acquired for use primarily for personal, family or household purposes;

Commentary

This definition is included solely for the purposes of subsection 14(2), which permits a buyer or lessee for value and without knowledge of a lien to take the goods free of that lien.

"court" means the [superior court of the province, or the provincial court where the value of the asset does not exceed $10,000];

Commentary

This definition, in addition to using the jurisdiction of the superior court, contemplates the use of the small claims procedure for claims in relation to assets that do not exceed $10,000 in value.

"debtor" means the person who is indebted to the lien claimant;

Commentary

Sel f-explanatory

"financing statement" means a financing statement as defined in the Personal Property Security Act;

Commentary

This definition reflects a decision to register the liens created by this Act in the registry established under the Personal PropertySecurity Act. [Please note that all references to the PPSA in this Act are to the Uniform Act.]

"lien" means a lien created by this Act;

Commentary

This Act does not apply to all liens, but only those which have a commercial base and can be considered to have value. This point is more fully canvassed under section 2.

"lien claimant" means a person who has a lien on goods pursuant to this Act;

"sheriff includes a sheriff's agent and any person appointed by a sheriff.

Next Annual Meeting

2018 Conference (Centennial)

Delta Hotel

Québec City, QC

August 12 - 16, 2018