Bank Of Montreal V. Innovation Credit Union
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Bank Of Montreal V. Innovation Credit Union
''Bank of Montreal v Innovation Credit Union'' is a decision of the Supreme Court of Canada that deals with the priority of unregistered security interests of a creditor against a security interest created later by a chartered bank under the ''Bank Act''. Facts James Buist, a farmer in Saskatchewan, borrowed money from the Innovation Credit Union in October 1991. In return, he provided the credit union with a security interest in all of his present and after-acquired personal property, which would be governed by the '' Personal Property Security Act (Saskatchewan)''. The interest was not entered into Saskatchewan's PPSA registry until June 2004. After this loan was provided, Buist also borrowed money from the Bank of Montreal, and several security agreements were executed between 1998 and January 2004. Buist did not disclose to the bank the loan from the credit union or its security interest, and, as it had not been registered, its existence did not appear in searches of the PPSA ...
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Saskatchewan Court Of Appeal
The Court of Appeal for Saskatchewan (SKCA) is a Canadian appellate court. Jurisdiction and structure The Saskatchewan Court of Appeal is the highest court in the province of Saskatchewan, Canada. There are 8 official judicial positions, including the Chief Justice, who make up the Court of Appeal. At any given time there may be one or more additional justice siting as supernumerary justices. The Court is governed by ''The Court of Appeal Act, 2000'', which sets out the composition and jurisdiction of the Court. It hears appeals from the Court of King's Bench for Saskatchewan, the Provincial Court of Saskatchewan and a number of administrative tribunals. The Court is based in Regina, Saskatchewan and consists of the Chief Justice - styled the "Chief Justice of Saskatchewan". Justices of the Saskatchewan Court of Appeal are appointed and paid by the federal government. Most cases are heard by a panel of three justices, however, the Court sits with panels of five or seven from ...
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Due Diligence
Due diligence is the investigation or exercise of care that a reasonable business or person is normally expected to take before entering into an agreement or contract with another party or an act with a certain standard of care. It can be a legal obligation, but the term will more commonly apply to voluntary investigations. A common example of due diligence in various industries is the process through which a potential acquirer evaluates a target company or its assets for an acquisition. The theory behind due diligence holds that performing this type of investigation contributes significantly to informed decision making by enhancing the amount and quality of information available to decision makers and by ensuring that this information is systematically used to deliberate on the decision at hand and all its costs, benefits, and risks. Etymology The term “due diligence” means "required carefulness" or "reasonable care" in general usage, and has been used in the literal s ...
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Supreme Court Of Canada Cases
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases that are successfully appealed to the Court are generally of national importance. Once a case is decided the Court will publish written reasons for the decision that consist of one or more reasons from any number of the nine justices. Understanding the background of the cases, their reasons and the authorship can be important and insightful as each judge may have varying beliefs in legal theory and understanding. List of cases by Court era * List of Supreme Court of Canada cases (Richards Court through Fauteux Court): This list includes cases from the formation of the Court on April 8, 1875, through to the retirement of Gérald Fauteux on December 23, 1973. * List of Supreme Court of Canada cases (Laskin Court): This list includes cases from the rise of Bora Laskin through to his death on March 26, 1984. * List of Supreme Court of Canada cases (Dickson Court): This list includes cases from t ...
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Canadian Insolvency Case Law
Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada The culture of Canada embodies the artistic, culinary, literary, humour, musical, political and social e ...
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Canada Gazette
The ''Canada Gazette'' (french: Gazette du Canada) is the official government gazette of the Government of Canada. It was first published on October 2, 1841. While it originally published all acts of the Parliament of Canada, it later also published treaties, hearing and tribunals, proclamations and regulations, and various other official notices as required. At one time it contained information on bankruptcies. It has been administered by Public Works and Government Services Canada and the King's Printer for Canada since 1841. The ''Gazette'' is most often read to find new acts, regulations and proclamations. Legal status While not always widely read by the public, publication in the ''Gazette'' is considered official notice to all Canadians. After a regulation has been approved by the Privy Council Office and then the Cabinet of Canada, the regulation is published in the ''Gazette''. If a regulation has not been published in the ''Gazette'', a person cannot be convicted of ...
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Royal Assent
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in others that is a separate step. Under a modern constitutional monarchy, royal assent is considered little more than a formality. Even in nations such as the United Kingdom, Norway, the Netherlands, Liechtenstein and Monaco which still, in theory, permit their monarch to withhold assent to laws, the monarch almost never does so, except in a dire political emergency or on advice of government. While the power to veto by withholding royal assent was once exercised often by European monarchs, such an occurrence has been very rare since the eighteenth century. Royal assent is typically associated with elaborate ceremony. In the United Kingdom the Sovereign may appear personally in the House of Lords or may appoint Lords Commissioners, who announce ...
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Department Of Justice (Canada)
The Department of Justice (french: Ministère de la Justice) is a department of the Government of Canada that represents the Canadian government in legal matters. The Department of Justice works to ensure that Canada's justice system is as fair, accessible and efficient as possible. The department helps the federal government to develop policy and to draft and reform laws as needed. At the same time, it acts as the government's legal adviser, providing legal counsel and support, and representing the Government of Canada in court. The department's responsibilities reflect the double role of the Minister of Justice, who is also by law the Attorney General of Canada: in general terms, the Minister is concerned with the administration of justice, including policy in such areas as criminal law, family law, human rights law, and Aboriginal justice; the Attorney General is the chief law officer of the Crown, responsible for conducting all litigation for the federal government. While th ...
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Parliament Of Canada
The Parliament of Canada (french: Parlement du Canada) is the federal legislature of Canada, seated at Parliament Hill in Ottawa, and is composed of three parts: the King, the Senate, and the House of Commons. By constitutional convention, the House of Commons is dominant, with the Senate rarely opposing its will. The Senate reviews legislation from a less partisan standpoint and may initiate certain bills. The monarch or his representative, normally the governor general, provides royal assent to make bills into law. The governor general, on behalf of the monarch, summons and appoints the 105 senators on the advice of the prime minister, while each of the 338 members of the House of Commons – called members of Parliament (MPs) – represents an electoral district, commonly referred to as a ''riding'', and are elected by Canadian voters residing in the riding. The governor general also summons and calls together the House of Commons, and may prorogue or dissolve Parliament, ...
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Fraser Milner Casgrain
''As of March 28, 2013, Fraser Milner Casgrain combined with Salans and SNR Denton to form Dentons.'' Fraser Milner Casgrain LLP (FMC) was a Canadian business, litigation and tax law firm. With more than 560 lawyers (175 litigators) it was the sixth largest law firm in Canada as well as the largest law firm in Western Canada. Until 1984, FMC was a fully integrated national partnership with offices in Montreal, Ottawa, Toronto, Edmonton, Calgary, and Vancouver. In 1985, Fraser Milner Casgrain (then known as Fraser and Beatty) underwent a major administration change. Terrence Young was appointed as chief executive officer and he initiated FMC's expansion into Hong Kong, making FMC a multi-national law firm. Young served as CEO for 13 years, until the 1998 merger between Fraser and Beatty anFenerty erta-based law firm Milner Fenerty. On November 8, 2012, it was announced that FMC would combine with international law firms SNR Denton and Salans to form Dentons Dentons is the l ...
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Perfection (law)
In law, perfection relates to the additional steps required to be taken in relation to a security interest in order to make it effective against third parties or to retain its effectiveness in the event of default by the grantor of the security interest. Generally speaking, once a security interest is effectively created, it gives certain rights to the holder of the security and imposes duties on the party who grants that security. However, in many legal systems, additional steps --- perfection of the security interest --- are required to enforce the security against third parties such as a liquidator. Concept As a legal concept, perfection must be distinguished from: *the ''grant'' or ''creation'' of the security interest, which creates its primary validity; *''attachment'', which are steps that link the security interest to the underlying asset; and, *''priority'', which is an ordering of competing security interests in same asset. The same rule – the common law rule in ''D ...
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Court Of Queen's Bench For Saskatchewan
The Court of King's Bench for Saskatchewan (Court of Queen's Bench for Saskatchewan during the reign of female monarchs) is the superior trial court for the Canadian province of Saskatchewan. Structure and organization The Court consists of 29 full-time judges and 10 supernumerary judges, all appointed and paid by the federal government. The court's Chief Justice, currently the Honourable Martel D. Popescul, is styled the Chief Justice of the King's Bench. Both the Chief Justice and puisne justices are addressed as "My Lord" or "My Lady" and referred to as "His Lordship" or "Her Ladyship". This differs from the terminology used in the Provincial Court of Saskatchewan, whose judges are "Your Honour", "His Honour" or "Her Honour". The Court sits in nine judicial centres and actions are generally brought in the judicial centre closest to where the action arose, or the residence or place of business of the defendant. Jurisdiction The Court hears civil and criminal law cases. It ...
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Bank Of Montreal
The Bank of Montreal (BMO; french: Banque de Montréal, link=no) is a Canadian multinational investment bank and financial services company. The bank was founded in Montreal, Quebec, in 1817 as Montreal Bank; while its head office remains in Montreal, the operational headquarters and executive offices have been located in Toronto, Ontario since 1977. One of the Big Five banks in Canada, it is the fourth-largest bank in Canada by market capitalization and assets, and one of the eight largest banks in North America and the top 50 in the world. It is commonly known by its ticker symbol BMO (pronounced ), on both the Toronto Stock Exchange and the New York Stock Exchange. In October 2021, it had CA$634 billion in assets under administration (AUA). The Bank of Montreal swift code is BOFMCAM2 and the institution number is 001. On 23 June 1817, John Richardson and eight merchants signed the Articles of Association to establish the Montreal Bank in a rented house in Montreal, Quebec ...
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