10145668 Manitoba Ltd v Strobel Holdings Inc

canada, canadian, case law, court opinion, canlii, mbca, 2026mbca67, 2026 mbca 67 (canlii), 2026, mbca, 67, (canlii), ai25-30-10267, 2026, security interests, personal property security act, general security agreement, the personal property security act, ccsm c p35, ss. 58, 63 and 66, whether appellant proved priority over respondents with respect to restaurant equipment, competing interests and alleged fixtures, notice concerns, priority claim not established on application record, appeal dismissed, evidence, sufficiency of record, foundational and complete evidence, whether application could succeed without sufficient evidence of existence and value of equipment, unclear whether property was purchased or delivered, or subjected to other creditors’ claims, factual and credibility disputes requiring trial noted, application dismissed, appeal dismissed, procedure, appellate review, discretionary decision, whether application judge’s dismissal for insufficient evidence warranted appellate intervention, deference absent palpable and overriding error or injustice, housen v nikolaisen, multiple interconnected determinations on incomplete record, no grounds for intervention, appeal dismissed, lease and tenancy, landlord remedies, distraint, validity and extent of distraint under leases and alleged defaults, whether limitation period related to distraint could be determined on the evidentiary record, issues of notice, re, entry and lock change raised, record insufficient to decide distress issues, appeal dismissed