Introduction:
Calidon Financial Services Inc. sued Robert Ira Lachlan Mackay over a deficiency following the sale of a combo-vac truck under a lease agreement. The defendant defaulted on payments, and the truck was sold at auction, leaving a balance owed. Calidon sought summary judgment for the deficiency.

Key Legal Issues:

1. Whether the agreement was a true lease or a conditional sale contract.
2. Whether the agreement fell under the exception in Section 18(2)(c) of The Limitation of Civil Rights Act (LCR Act), which allows vendors to recover unpaid purchase money for equipment used in petroleum production or exploration.
3. The enforceability of terms related to interest and solicitor-client costs.

Court’s Findings:

• The agreement was determined to be a conditional sale contract, not a lease, as it involved a significant down payment, a $100 buyout option, and obligations to pay taxes, insurance, and repairs.
• The exception under Section 18(2)(c) of the LCR Act did not apply. The combo-vac truck was deemed general-purpose equipment used for maintenance, not equipment directly involved in petroleum production or exploration.
• Section 18(1) of the LCR Act barred Calidon from recovering the deficiency.

Outcome:
The court dismissed Calidon’s summary judgment application and underlying claim. Costs of Column 1 of the tariff were awarded to Robert Ira Lachlan Mackay. Specific cost figures were not detailed in the judgment.