Can a replevin order be granted in a conditional sale situation where ownership of the property does not pass to the purchaser until the final installment payment has been made?
Alberta, Canada
The following excerpt is from Ford Credit Canada Ltd. v. Nebozuk, 1990 CanLII 5515 (AB QB):
Notwithstanding what I have just said, there is authority that a replevin order can be granted in a conditional sale situation, where ownership of the chattel does not pass to the purchaser until the final installment payment has been paid: see Nordheimer v. Robinson (1878), 2 O.A.R. 305. In the present case the contract provides that the seller remains the owner of the property until the contract is paid in full.
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