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(34) See, eg, Royal Bank v Wheaton Pontiac Buick Cadillac GMC Ltd (1990) 1 PPSAC (2d) 131, 136, where Wedge J referred to this feature of the legislation as a 'legislative gap' and 'deficiency'.
(67) (1996) 11 PPSAC (2d) 209 (Saskatchewan Court of Queen's Bench), affd in Saskatchewan Wheat Pool v Smith (1997) 152 Sask R 79 (Saskatchewan Court of Appeal).
But, in the end, the Court seems to have held that the particular transaction in issue was not even prima facie a sale because the cattle were simply delivered to satisfy a past liability: Saskatchewan Wheat Pool (1996) 11 PPSAC (2d) 209, 225  (Wright J).
Similarly, the Canadian PPS legislation case of Roynat Inc v Ron Clark Motors Ltd (1991) 1 PPSAC (2d) 191, 197 (Herold J) followed the old Australian decision of Re Bradford Roofing Industries Pty Ltd (in liq)  1 NSWR 674, where the concept had been considered in the context of insolvency provisions.
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