Acts and Regulations

P-7.1 - Personal Property Security Act

Section 66
Disposition versions

Full text
Action for damages for non-compliance
66(1)In this section
“secured party” includes a receiver.
66(2)If a person fails, without reasonable excuse, to discharge any obligations imposed on the person by this Act, the person to whom the obligation is owed has a right to recover loss or damage that was reasonably foreseeable as liable to result from the failure.
66(3)If a secured party fails, without reasonable excuse, to comply with obligations
(a) in subsection 43(11) or section 49 or 50, or
(b) in section 17, 18, 59, 60 or 61 and the collateral is consumer goods,
the debtor, or, in a case of non-compliance with subsection 43(11) or section 49 or 50, the person named as debtor in a financing statement, shall be deemed to have suffered damages not less than the amount prescribed.
66(4)If a debtor or other person with an interest in land or collateral causes the registration of a notice referred to in subsection 49(12) or registers a financing statement referred to in subsection 50(5) without authority under those subsections and without reasonable excuse, the secured party referred to in those subsections shall be deemed to have suffered damages not less than the amount prescribed.
66(5)In an action for a deficiency, the debtor may raise as a defence the failure of the secured party to comply with obligations in section 17, 17.1, 18, 59 or 60, but non-compliance shall limit the right to the deficiency only to the extent that it has affected the debtor’s ability to protect the debtor’s interest in the collateral or has made the accurate determination of the deficiency impracticable.
66(6)If a secured party fails to comply with obligations in section 17, 17.1, 18, 59 or 60, the onus is on the secured party to show that the failure
(a) if the collateral is consumer goods, did not affect the debtor’s ability to protect the debtor’s interest in the collateral by redemption or reinstatement of the security agreement, or otherwise, and
(b) did not make the accurate determination of the deficiency impracticable.
66(7)Except as otherwise provided in this Act, a provision in a security agreement or any other agreement is void if it purports to exclude an obligation or an onus imposed by this Act or purports to limit the liability of or the amount of damages recoverable from a person who has failed to discharge an obligation imposed by this Act.
1994, c.22, s.14; 2008, c.S-5.8, s.109
Action for damages for non-compliance
66(1)In this section
“secured party” includes a receiver.
66(2)If a person fails, without reasonable excuse, to discharge any obligations imposed on the person by this Act, the person to whom the obligation is owed has a right to recover loss or damage that was reasonably foreseeable as liable to result from the failure.
66(3)If a secured party fails, without reasonable excuse, to comply with obligations
(a) in subsection 43(11) or section 49 or 50, or
(b) in section 17, 18, 59, 60 or 61 and the collateral is consumer goods,
the debtor, or, in a case of non-compliance with subsection 43(11) or section 49 or 50, the person named as debtor in a financing statement, shall be deemed to have suffered damages not less than the amount prescribed.
66(4)If a debtor or other person with an interest in land or collateral causes the registration of a notice referred to in subsection 49(12) or registers a financing statement referred to in subsection 50(5) without authority under those subsections and without reasonable excuse, the secured party referred to in those subsections shall be deemed to have suffered damages not less than the amount prescribed.
66(5)In an action for a deficiency, the debtor may raise as a defence the failure of the secured party to comply with obligations in section 17, 18, 59 or 60, but non-compliance shall limit the right to the deficiency only to the extent that it has affected the debtor’s ability to protect the debtor’s interest in the collateral or has made the accurate determination of the deficiency impracticable.
66(6)If a secured party fails to comply with obligations in section 17, 18, 59 or 60, the onus is on the secured party to show that the failure
(a) if the collateral is consumer goods, did not affect the debtor’s ability to protect the debtor’s interest in the collateral by redemption or reinstatement of the security agreement, or otherwise, and
(b) did not make the accurate determination of the deficiency impracticable.
66(7)Except as otherwise provided in this Act, a provision in a security agreement or any other agreement is void if it purports to exclude an obligation or an onus imposed by this Act or purports to limit the liability of or the amount of damages recoverable from a person who has failed to discharge an obligation imposed by this Act.
1994, c.22, s.14