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ICSC Legal Database - CasesMonday, February 22, 1999 05:07 PM

Case Index:
01672

Citation:
859587 Ontario Ltd. (c.o.b. Atlantic International Equipment Sales) v. Starmark Property Management Ltd.

[1997] O.J. No. 2474 (Ont. Ct. Gen. Div. [1998] O.J. No. 3022 (Ont. C.A.)

Issue:
At trial, the court held that the unperfected conditional sale contract vendor of a spray paint booth, having

measurements of approximately 28 feet x 14 feet and weighing about 3.500 pounds, was entitled to have its

goods back from the distraining landlord. The landlord had distrained against the booth for arrears of rent and

sold the booth to a third party, who agreed to occupy the premises formerly leased to the debtor/tenant. The

vendor then registered under the PPSA and brought an application to recover the spray paint booth. The Court of

 Appeal agreed that the vendor had priority over the landlord.

Facts:

Holding:

Publication:
Legal Update

Date:
Winter 1998

Classification 1:
Contracts

Classification 2:

Classification 3:

01672 - Legal Update - Winter 1998