An oral security agreement is valid. But that agreement is only enforceable as between the parties. If you want to have priority rights against third parties then there has to be a security agreement in writing.
“Enforceability” against third parties:
A security interest is enforceable against a third party only where… a description of the collateral by item or kind or by reference to one or more of the following: “crops”, “goods”, “chattel paper”, etc. etc.”
“by kind” – i.e. a generic description of the item. So you can refer to the item as “a car” rather than “a black on black 2008 BMW M3 with six speed manual transmission” or whatever. That being said, while this generic description may satisfy s10, in real life it may not be specific enough for the world of evidence or contracts if things ever went to litigation.
Continue reading More Info and Details on the Development of Security Agreements
The idea of modernizing finance law has spread around the world. Secured financing is a way to stimulate economic growth and modernize an economy. In theory, capital is not used to develop the community because of the lack of legal infrastructure by which banks can lend capital and can hold an expectation to get it back. Many developing countries adopt systems patterned on the Canadian system.
In Canadian law, the core of the system is the security interest. What is a security interest? A secured interest is Propriety interest in the debtors property. This allows assertion of the nemo dat principle. The secured creditor defeats anyone who thereafter who takes an interest in the property.
Continue reading Secured Financing Intro
Types of intentional torts include:
Battery – unwanted intentional touching
Assault – threat of battery
Intentional infliction of mental suffering
Intentional interference with chattels (theft)
Continue reading Intentional Torts and Types
Regulatory offences: Some offences utilize the machinery of criminal law, but are not truly considered to be criminal offences. These offences deal with everyday civil matters such as traffic infractions, pollution, hunting regulations, and so forth. Besides the supremely important fault requirement (discussed below), there are a number of ways to identify a “regulatory offence” from a “true crime”:
1. true crimes are usually more socially and morally condemned than regulatory offences.
2. regulatory offences are usually aimed at deterring harm to the public, rather than the individual.
3. regulatory offences are often part of a complex regulatory framework.
4. regulatory offences are not in the Criminal Code (R. v Wholesale Travel, 1993).
Continue reading Intro to Regulatory Offences
Is it true that you are entitled to certain insurance benefits from your own insurer, regardless of who was at fault? It’s true, in Canada these benefits are often called ‘Section B benefits’. However, insurers like to erroneously inform injured clients that they will only ‘authorize’ 21 treatments (of various kinds). This is not true. Continue reading Limiting Your Treatments after Injury
If you’ve ever been injured in an accident such as a motor vehicle, then you may be seeking compensation for damages. Damages to your car is one thing, but to your body is quite another. Soft tissue damage is unseen (another blog post) and can be a prolonged injury.
Some believe keeping an injury diary is a good way to keep track of the increasing severity of their injury overtime. This may sound like a good idea at the outset, but it turns out to work against the injured. Here’s why. Continue reading Keeping an Injury Diary
How to advertise (and be over the top!)
Historically, there are two main approaches to international law:
– Natural law, which can be thought of as the idea that power of law does not come from voice of authority. In contrast positivisim says the authority is what makes the law the law. Natural law says there is a higher reason why the law is the law (e.g morality, universal principles, religious, etc.). Under natural law, horrific immoral laws would not be valid even if they came from a legitimate authority.
The application of these approaches goes back 2000 years. Natural law finds its origins in ancient Rome and Cicero the philosopher. Thomas Aquinas examined source of law’s legitimacy. According to him natural law is God’s natural law.
A more modern definition is that natural law is universally applicable rules derived from reason. A doctrine that human affairs should be governed by ethical principles that can be understood by reason.
Continue reading A history: two main approaches to international law: positivism and naturalism
A treaty has signed participants who pass legislation pursuant to it. A declaration is just the UN declaring something. You can determine which one equates to quicker application.
There is a Doctrine of state continuity which means if a state signs a treaty, even if there is a major change of government, the state is still bound by its prior treaty obligations.
Continue reading The difference between a treaty and declaration.
If you sign papers because you feel just fine today, what happens if your health deteriorates tomorrow? I know of some people who’ve been in car accidents, and 10 years later their body starts to break down. What recourse do they have?
The Minor Injury Regulations (“MIR”) provide a framework to determine what injures are ‘minor’ by the courts and therefore have damages ‘capped’ at a certain value. Continue reading Pain Free Today – Painful Tomorrow