This course is devoted to an examination of the principles and policies that govern the law of secured transactions in personal property. It consists primarily of a detailed analysis of Ontario’s Personal Property Security Act (OPPSA). Coverage also includes a brief introduction to insolvency law and the proprietary aspects of sale of goods law.
In general, topics such as the following will be covered:
• the nature and function of security;
• the scope and application of the OPPSA;
• the validity of security agreements and the rights of the secured party and debtor as against each other;
• the policy and function of registration;
• the rights of the secured party as against third parties – the general priority rules;
• specific priority rules;
• rights on transfers of collateral; rights to proceeds;
• default and enforcement;
• conflict of laws issues.
The course will be taught in two segments each week. On Wednesdays, there will be a one-hour class from 11:30 to 12:20; this is a change from 10:30-12:20 in the original schedule. This Wednesday class may alternate between being done remotely and in person. For weeks when the Wednesday is done remotely, the classroom is available for students to connect to the class using their laptops, if they are not following the class from home; headphones will be needed. On Fridays, there will be a three-hour class from 9:30-12:20, in person; this is a change from 10:30-12:30 in the original schedule.