Is a buyer’s lien an actual or specific charge?
British Columbia, Canada
The following excerpt is from Cancedar Log Homes Ltd. v. Hodson, 2009 BCSC 222 (CanLII):
On August 3, 2007, in Cancedar v. Hodson, 2007 BCSC 1967, Crawford J. described the buyer’s lien as “a super floating charge.” He stated at para. 37: Is there an actual or specific fund? I would only say that the fund or monies that have been paid by the third party purchaser are the subject of this dispute because in the general sense they are falling in the rubric or umbrella of that floating charge as we are calling it because the lien is on all goods that are in or come into possession of the seller or in its account in a savings institution in which the seller usually deposits the proceeds of sale.
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