Does a common law rule requiring a party to pay a bill of sale apply?
Manitoba, Canada
The following excerpt is from Kotello v. Loan, 2002 MBCA 179 (CanLII):
9 The defendants seek leave to raise the question of whether the provision that the agreement is deemed to be a bill of sale ousts the common law rule that upon the sale of pledged goods the secured party must account to the debtor for any excess or, in the event of a shortfall, may sue for the difference. The defendants wish to argue that the decision of Hamilton J. (as she then was) in Whittacker v. Corrigal, that was relied on by the appeal judge, is wrong.
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