Jurisdiction - Investment Property (SCSM)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-05-19
CLNP Page ID:	1584
Page Categories:	[Ontario Small Claims]
Citation:	Jurisdiction - Investment Property (SCSM), CLNP 1584, <3G>, retrieved on 2024-05-19
Editor:	P08916
Last Updated:	2021/08/16

Courts of Justice Act, R.S.O. 1990, c. C.43

23 (1) The Small Claims Court,

(a) has jurisdiction in any action for the payment of money where the amount claimed does not exceed the prescribed amount exclusive of interest and costs; and

(b) has jurisdiction in any action for the recovery of possession of personal property where the value of the property does not exceed the prescribed amount. R.S.O. 1990, c. C.43, s. 23 (1).

Personal Property Security Act, R.S.O. 1990, c. P.10

1 (1) In this Act,

...

“account” means a monetary obligation not evidenced by chattel paper or an instrument, whether or not it has been earned by performance, but does not include investment property; (“compte”)

...

“goods” means tangible personal property other than chattel paper, documents of title, instruments, money and investment property, and includes fixtures, growing crops, the unborn young of animals, timber to be cut, and minerals and hydrocarbons to be extracted; (“objets”)

...

“instrument” means,

(a) a bill, note or cheque within the meaning of the Bills of Exchange Act (Canada) or any other writing that evidences a right to the payment of money and is of a type that in the ordinary course of business is transferred by delivery with any necessary endorsement or assignment, or

(b) a letter of credit and an advice of credit if the letter or advice states that it must be surrendered upon claiming payment thereunder,

but does not include a writing that constitutes part of chattel paper, a document of title or investment property; (“effet”)

...

“intangible” means all personal property, including choses in action, that is not goods, chattel paper, documents of title, instruments, money or investment property; (“bien immatériel”)

...

“personal property” means chattel paper, documents of title, goods, instruments, intangibles, money and investment property, and includes fixtures but does not include building materials that have been affixed to real property; (“bien meuble”)

Trang v. Nguyen, 2012 ONCA 885 (CanLII)

(1) The Properties [14] According to the Agreed Statement of Facts, Mr. Tran has an interest in three properties that were relevant to the CRA's motion:

• 58 Granton Avenue, Ottawa – a residential property registered in the names of Mr. Tran and his wife, Ms. Nguyen, as joint tenants and used by them as their principal residence;
• 46 Epworth Avenue, Ottawa – registered in the names of Mr. Tran and Ms. Nguyen as joint tenants and used by them as an investment property;
• 1340 Wellington Street West, Ottawa – Mr. Tran’s business property, registered in his name alone and used for his acupuncture practice.