Royal Bank of Canada v. Sparrow Electric Corp., 97 DTC 5089, [1997] 1 SCR 411 -- summary under Expressio Unius est Exclusio Alterius

By services, 28 November, 2015

After finding that s. 28(1) of the Personal Property Security Act was inconsistent with a broad interpretation of a licence of a debtor to sell without the proceeds being subject to the respondent's security interests, Iacobucci J. stated (at p. 5091):

"... this is an appropriate case for the invocation of the maxim expressio unius est exclusio alterius . The statute prescribes certain consequences for the security interest that follow a dealing with inventory. In particular, the statute contemplates defeasance of the interest if the debtor actually sells the inventory and applies the proceeds to an obligation to a third party. Significantly, the statute does not contemplate a defeasance on the happening of any other event. In my view, the statute occupies the field and crowds out other possible interpretations of the licence ..."

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