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Osgoode Hall Law Journal

Document Type

Article

Abstract

Section 36 of the Ontario Personal Property Security Act (PPSA) purports to resolve conflicts arising between parties of realty and fixture-secured interests by balancing their reliance interests. The PPSA achieves this objective by ushering in some important substantive changes with respect to fixture law in Ontario. On the whole, the author states; the policy behind these rules is a sound one. Unfortunately, a plethora of problems still lurk in this complicated area of law, in part due to the formulation of the fixture section. A number of these problems are identified and examined. The author suggests that many of these problems can be resolved by judicial construction. For others, however, nothing short of legislative measures will do to make the section more workable and trouble-free.

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