Acts and Regulations

P-7.1 - Personal Property Security Act

Section 52
Disposition versions

Full text
Recovery of loss because of error in Registry operations
52(1)A person may bring action against Service New Brunswick to recover loss or damage suffered by that person because of an error or omission in the operation of the Registry if the loss or damage resulted from reliance on a printed search result issued by the Registry.
52(2)Service New Brunswick is not liable directly or vicariously for loss or damage suffered by a person because of
(a) verbal advice given by the Registrar, a Deputy Registrar or an officer, employee or agent respecting this Act or the regulations or any other Act that provides for registration in the Registry or the regulations under that Act or the operation of the Registry unless the person bringing the action proves that the Registrar, Deputy Registrar, officer, employee or agent was not acting in good faith, or
(b) the failure of the Registry to effect a registration or to effect a registration correctly.
52(3)No action for damages under this section or section 53 lies against Service New Brunswick unless it is commenced within
(a) two years after the person entitled to bring the action first had knowledge of the loss or damage, or
(b) ten years after the date the printed search result was issued,
whichever is earlier.
52(4)Notwithstanding the Proceedings Against the Crown Act, no action may be brought against the Crown in right of the Province, Service New Brunswick, the Registrar, a Deputy Registrar or an officer, employee or agent of Service New Brunswick or the Registry for any error or omission of the Registrar, Deputy Registrar, officer, employee or agent of Service New Brunswick or the Registry in respect of the discharge or purported discharge of any duty or function under this Act or the regulations or any other Act or the regulations under that Act, except as provided in this section and in section 53.
1998, c.12, s.15