Creditors' Remedies against Debtors (10:III) - Revision history

LSLAP at 19:11, 13 October 2025

2025-10-13T19:11:20Z

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	{{LSLAP Manual TOC\|expanded = creditors}}		{{LSLAP Manual TOC\|expanded = creditors}}

LSLAP: /* b) Limitation Period */

2025-09-21T23:07:07Z

b) Limitation Period

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	==== b) Limitation Period ====		==== b) Limitation Period ====

	~~'''~~The garage keeper has, pursuant to s 3 of the ''Repairers Lian Act'', 21 days to register a lien once they have given up possession.~~'''~~		The garage keeper has, pursuant to s 3 of the ''Repairers Lian Act'', 21 days to register a lien once they have given up possession. On the registration of a financing statement, the lien will expire after 180 days, unless the automobile, etc., has been seized within that period (s 4).

	~~'''~~On the registration of a financing statement, the lien will expire after 180 days, unless the automobile, etc., has been seized within that period (s 4).~~'''~~

	=== 4. Buyer’s Lien ===		=== 4. Buyer’s Lien ===

LSLAP: /* b) Limitation Period */

2025-09-21T22:42:03Z

b) Limitation Period

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	The time for filing a claim of lien is governed by s 20 and the time limitations are strict. The following limitation periods apply:		The time for filing a claim of lien is governed by s 20 and the time limitations are strict. The following limitation periods apply:
	*~~'''~~If a certificate of completion has been issued for a contract or subcontract, the claims of lien of the contractor, subcontractor, or any person engaged by or under the contractor or subcontractor must be filed no later than 45 days after the date on which the certificate of completion was issued.		*If a certificate of completion has been issued for a contract or subcontract, the claims of lien of the contractor, subcontractor, or any person engaged by or under the contractor or subcontractor must be filed no later than '''45 days''' after the date on which the certificate of completion was issued.
	*~~'''~~ If there is no certificate of completion, a claim of lien may be filed no later than 45 days after the head contract or improvement has been completed, abandoned, or terminated.		*If there is no certificate of completion, a claim of lien may be filed no later than '''45 days''' after the head contract or improvement has been completed, abandoned, or terminated.

	Under s 4, if a person agrees to have repairs done, they must withhold 10 percent of the value of the work or material as they are actually provided under the contract or subcontract, or the amount of any payment made on account of the contract or subcontract price, whichever is greater, from the contractor for a period of 55 days after the certificate of completion is issued. This covers the possibility of having to pay workers, subcontractors, and suppliers who were not paid for their services by the contractor. This holdback must not be retained from a worker, material supplier, architect, or engineer (s 4(6)). These funds are to be paid into a separate trust account at the time of payment.		Under s 4, if a person agrees to have repairs done, they must withhold 10 percent of the value of the work or material as they are actually provided under the contract or subcontract, or the amount of any payment made on account of the contract or subcontract price, whichever is greater, from the contractor for a period of 55 days after the certificate of completion is issued. This covers the possibility of having to pay workers, subcontractors, and suppliers who were not paid for their services by the contractor. This holdback must not be retained from a worker, material supplier, architect, or engineer (s 4(6)). These funds are to be paid into a separate trust account at the time of payment.

Nate Russell: review confirmed 2025

2025-08-28T21:23:50Z

review confirmed 2025

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	{{LSLAP Manual TOC\|expanded = creditors}}		{{LSLAP Manual TOC\|expanded = creditors}}

LSLAP at 18:38, 11 August 2025

2025-08-11T18:38:35Z

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	{{LSLAP Manual TOC\|expanded = creditors}}		{{LSLAP Manual TOC\|expanded = creditors}}

	Before taking action against a debtor, a creditor must provide a reasonable time for payment on a demand loan or term loan. That time begins to run from the date of the demand for payment and not the date of the loan. What constitutes a reasonable demand period depends upon the facts of each case. For a list of factors to be considered see ''[https://www.canlii.org/en/ca/scc/doc/1999/1999canlii714/1999canlii714.html Royal Bank of Canada v W Got Associates Electric Ltd]'', 1999 CanLII 714 (SCC) at para 18.		Before taking action against a debtor on a '''demand loan or term loan''', a creditor must provide a reasonable time for payment on a demand loan or term loan. That time begins to run from the date of the demand for payment and not the date of the loan. What constitutes a reasonable demand period depends upon the facts of each case. For a list of factors to be considered see ''[https://www.canlii.org/en/ca/scc/doc/1999/1999canlii714/1999canlii714.html Royal Bank of Canada v W Got Associates Electric Ltd]'', 1999 CanLII 714 (SCC) at para 18.

	Under section 8 of the ''Limitation Act'', in British Columbia, the period for when a proceeding for the collection of a debt must be commenced is 2 years from the “date of discovery” of the claim. The date of discovery is defined as the day on which the claimant knew or ought reasonably to have known all of the following:		Under section 8 of the ''Limitation Act'', in British Columbia, the period for when a proceeding for the collection of a debt must be commenced is 2 years from the “date of discovery” of the claim. The date of discovery is defined as the day on which the claimant knew or ought reasonably to have known all of the following:

LSLAP at 00:35, 3 September 2024

2024-09-03T00:35:03Z

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	{{REVIEWED LSLAP \| date= ~~July 8~~, ~~2023~~}}		{{REVIEWED LSLAP \| date= September 2, 2024}}
	{{LSLAP Manual TOC\|expanded = creditors}}		{{LSLAP Manual TOC\|expanded = creditors}}

LSLAP at 07:30, 26 August 2024

2024-08-26T07:30:47Z

Show changes

LSLAP at 06:55, 26 August 2024

2024-08-26T06:55:26Z

← Older revision		Revision as of 06:55, 26 August 2024
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	=== 2. General Introduction to the PPSA ===		=== 2. General Introduction to the PPSA ===

	The ''Personal Property Security Act'' [''PPSA'] establishes a system for the registration, priority, and enforcement of secured loan and credit transactions involving personal property in B.C. Secured creditors holding agreements that create or provide for security interests (i.e. chattel mortgages and conditional sales agreements) must register these security agreements in order to “perfect” its interest and establish its priority in regards to third parties. See “Perfection” on page 3.		The ''Personal Property Security Act'' [''PPSA''] establishes a system for the registration, priority, and enforcement of secured loan and credit transactions involving personal property in B.C. Secured creditors holding agreements that create or provide for security interests (i.e. chattel mortgages and conditional sales agreements) must register these security agreements in order to “perfect” its interest and establish its priority in regards to third parties. See “Perfection” on page 3.

	For agreements that are subject to the PPSA, Part 5 of the PPSA outlines the creditor’s remedies (ss 56 - Rights and remedies, 57 - Collection of payments under intangibles or chattel paper, 58 – Right of seizure or repossession, and 67 - Rights and remedies: consumer goods). For agreements that involve fixtures, crops or accessions, ss 36 – 38 apply. In addition, Part 6 contains some sections (i.e. ss 68(2) - Good faith and commercially reasonable, and 72 - Notice) that are of procedural importance.		For agreements that are subject to the ''PPSA'', Part 5 of the ''PPSA'' outlines the creditor’s remedies (ss 56 - Rights and remedies, 57 - Collection of payments under intangibles or chattel paper, 58 – Right of seizure or repossession, and 67 - Rights and remedies: consumer goods). For agreements that involve fixtures, crops or accessions, ss 36 – 38 apply. In addition, Part 6 contains some sections (i.e. ss 68(2) - Good faith and commercially reasonable, and 72 - Notice) that are of procedural importance.

	:'''NOTE:''' ''PPSA'' issues, particularly those involving priority disputes or matters relating to the transitional provisions, are complex and may have to be referred to a lawyer.		:'''NOTE:''' ''PPSA'' issues, particularly those involving priority disputes or matters relating to the transitional provisions, are complex and may have to be referred to a lawyer.

LSLAP at 06:53, 26 August 2024

2024-08-26T06:53:35Z

← Older revision		Revision as of 06:53, 26 August 2024
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	=== 2. General Introduction to the PPSA ===		=== 2. General Introduction to the PPSA ===

	The "Personal Property Security Act" ["PPSA"] establishes a system for the registration, priority, and enforcement of secured loan and credit transactions involving personal property in B.C. Secured creditors holding agreements that create or provide for security interests (i.e. chattel mortgages and conditional sales agreements) must register these security agreements in order to “perfect” its interest and establish its priority in regards to third parties. See “Perfection” on page 3.		The ''Personal Property Security Act'' [''PPSA'] establishes a system for the registration, priority, and enforcement of secured loan and credit transactions involving personal property in B.C. Secured creditors holding agreements that create or provide for security interests (i.e. chattel mortgages and conditional sales agreements) must register these security agreements in order to “perfect” its interest and establish its priority in regards to third parties. See “Perfection” on page 3.

	For agreements that are subject to the PPSA, Part 5 of the PPSA outlines the creditor’s remedies (ss 56 - Rights and remedies, 57 - Collection of payments under intangibles or chattel paper, 58 – Right of seizure or repossession, and 67 - Rights and remedies: consumer goods). For agreements that involve fixtures, crops or accessions, ss 36 – 38 apply. In addition, Part 6 contains some sections (i.e. ss 68(2) - Good faith and commercially reasonable, and 72 - Notice) that are of procedural importance.		For agreements that are subject to the PPSA, Part 5 of the PPSA outlines the creditor’s remedies (ss 56 - Rights and remedies, 57 - Collection of payments under intangibles or chattel paper, 58 – Right of seizure or repossession, and 67 - Rights and remedies: consumer goods). For agreements that involve fixtures, crops or accessions, ss 36 – 38 apply. In addition, Part 6 contains some sections (i.e. ss 68(2) - Good faith and commercially reasonable, and 72 - Notice) that are of procedural importance.

LSLAP at 06:53, 26 August 2024

2024-08-26T06:53:01Z

← Older revision		Revision as of 06:53, 26 August 2024
Line 20:		Line 20:
	=== 2. General Introduction to the PPSA ===		=== 2. General Introduction to the PPSA ===

	The "Personal Property Security Act" "[PPSA]" establishes a system for the registration, priority, and enforcement of secured loan and credit transactions involving personal property in B.C. Secured creditors holding agreements that create or provide for security interests (i.e. chattel mortgages and conditional sales agreements) must register these security agreements in order to “perfect” its interest and establish its priority in regards to third parties. See “Perfection” on page 3.		The "Personal Property Security Act" ["PPSA"] establishes a system for the registration, priority, and enforcement of secured loan and credit transactions involving personal property in B.C. Secured creditors holding agreements that create or provide for security interests (i.e. chattel mortgages and conditional sales agreements) must register these security agreements in order to “perfect” its interest and establish its priority in regards to third parties. See “Perfection” on page 3.

	For agreements that are subject to the PPSA, Part 5 of the PPSA outlines the creditor’s remedies (ss 56 - Rights and remedies, 57 - Collection of payments under intangibles or chattel paper, 58 – Right of seizure or repossession, and 67 - Rights and remedies: consumer goods). For agreements that involve fixtures, crops or accessions, ss 36 – 38 apply. In addition, Part 6 contains some sections (i.e. ss 68(2) - Good faith and commercially reasonable, and 72 - Notice) that are of procedural importance.		For agreements that are subject to the PPSA, Part 5 of the PPSA outlines the creditor’s remedies (ss 56 - Rights and remedies, 57 - Collection of payments under intangibles or chattel paper, 58 – Right of seizure or repossession, and 67 - Rights and remedies: consumer goods). For agreements that involve fixtures, crops or accessions, ss 36 – 38 apply. In addition, Part 6 contains some sections (i.e. ss 68(2) - Good faith and commercially reasonable, and 72 - Notice) that are of procedural importance.