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
NATURE AND EXTENT OF LIEN
PERFECTION AND PRIORITY OF LIEN
GENERAL APPLICATION OF THE PERSONAL PROPERTY ACT
1 In this Act,
"consumer goods" means goods that are used or acquired for use primarily for personal, family or household purposes;
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];
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;
"financing statement" means a financing statement as defined in the Personal Property Security Act;
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;
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.
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