KRMC represented the plaintiff, a vehicle financing company, in BMW Financial Services Canada v Mirzai et al, 2018 ONSC 180, a recently reported decision of Justice De Sa. In that case, the plaintiff financed the purchase, by one defendant (the “debtor”), of a vehicle. Shortly after the purchase, the debtor sold the vehicle to the other defendants (the “purchasers”).
The plaintiff alleged that, by virtue of defaults under its financing agreement with the debtor and the Personal Property Security Act, it had a right to repossess the vehicle, and that by refusing to return it, the purchasers had committed the tort of conversion.
KRMC’s Ron Aisenberg and Alexander Soutter obtained a great result for the plaintiff by successfully moving for summary judgment against all defendants, obtaining judgment against the debtor for the amount of the debt, and the purchasers for the fair market value of the vehicle.
Should you require representation in a matter involving the tort of conversion, the rights of secured creditors under the Personal Property Security Act, or any of our other practice areas, we invite you to contact us.
Ontario Superior Court of Justice – Reason for Decision
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