Instructor(s): Michael Burke, Mark Selick

This course is concerned with the current Ontario law of secured transactions in personal property. It involves a study of many 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 Canadian common law jurisdictions will be discussed.

Elements of the following topics will be included:

  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; and
  9. conflict of laws issues.
Evaluation
A 3.5 hour open book final examination (the first 30 minutes of which is limited to reading the exam and making any marginal notes, followed by 3 hours of writing time) worth 100% of the final mark (or 90% if the student writes the mid-term exam described below and the mark obtained on that mid-term would improve the student’s final mark). Students may, at their option, elect to write a mid-term examination worth 10% of their final mark. This mid-term exam will be a 2-hour take home open book examination on a date to be set. The mark obtained on this mid-term exam will only be used if it improves the final mark the student will otherwise receive on the final examination. Students who write the mid-term exam will also receive feedback on their mid-term exam.
Academic year
2023 - 2024

At a Glance

First Term
Credits
4
Hours
4

Enrolment

Maximum
85

82 JD
3 LLM/SJD/MSL/SJD U

Schedule

T: 4:10 - 6:00 pm
Th: 4:10 - 6:00 pm