Instructor(s): Michael Burke, Mark Selick

For graduate students, the course number is LAW2053Y.

This section of the course is for students studying remotely. This course will meet two times a week, via audio-visual conference. To enrol in this course all students must meet or exceed the tech requirements for enrolment in University of Toronto courses, which can be found here [https://www.viceprovoststudents.utoronto.ca/students/tech-requirements-online-learning/]

Note: The Quercus program will be used for this course. Students must self-enrol in Quercus as soon as confirmed in the course in order to obtain course information.

This course is concerned with the current Ontario law of secured transactions in personal property. It involves a detailed study of commonly used provisions in the Ontario Personal Property Security Act (OPPSA). As well, some key differences between the OPPSA and the corresponding laws in other provinces will be discussed. Elements of the following topics will be covered:

  1. the nature and function of personal property security;
  2. a brief overview of the history and policy of Ontario personal property security statutes and common law;
  3. the policy and function of registration;
  4. what information is required in order to properly register under the OPPSA;
  5. how to read an OPPSA search result;
  6. the validity of security agreements and the rights of the parties between themselves;
  7. third party disputes (perfection and priority rules);
  8. default and enforcement;
  9. conflict of laws issues; and
  10. Bank Act security. 

If time permits, this course will also explore issues relating to the characterization of certain types of agreements and asset securitization.

Evaluation
8 hour take home open book examination (100%).
Academic year
2020 - 2021

At a Glance

First Term
Credits
4
Hours
4

Enrolment

Maximum
85

84 JD
1 LLM/SJD/MSL/NDEGS/SJD U

Schedule

T: 6:30 - 8:30 (AV Conference)
Th: 6:30 - 8:30 (AV Conference)