Ontario Solicitor Bar Practice Exam 2026 - Free Solicitor Bar Practice Questions and Study Guide

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What must a PPSA secured lender do regarding a guarantor parent company?

Exhaust all recourse against the debtor before enforcement.

Proceed with enforcement without exhausting options against the debtor.

In the context of the Personal Property Security Act (PPSA), a secured lender has the right to enforce security against a guarantor parent company without needing to exhaust all options against the debtor. This principle acknowledges that a guarantor's obligation is to ensure the performance of the primary debtor's obligations. Thus, if the primary debtor defaults, the lender can seek to enforce the guaranty provided by the parent company without first pursuing the debtor’s assets or remedies.

The flexibility allows the lender to act swiftly in an effort to recover the amounts owed, reflecting the intent of the PPSA to facilitate secured lending. It ensures that lenders can rely on guarantees and take necessary actions to protect their interests without being hampered by procedural delays related to the underlying debtor.

In contrast to the other options, which imply additional requirements or limitations on the lender's ability to act, this approach emphasizes the lender’s autonomy in enforcing their rights against the guarantor directly.

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File a court motion before enforcing against a guarantor.

Inform the guarantor of all debtor-related decisions.

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