David R's Bricklin #2750

 

On September 25, 1975 Bricklin Canada defaulted under the provisions of a trust deed and mortgage and Canada Permanent Trust Co. Took possession of “all the inventory of Bricklin Canada including finished products except such as had been disposed of by Bricklin in the ordinary course of business prior to September 25”.  There were finished Brickins on the Saint John factory property when the default occurred.  Many of these vehicles had been paid for by U.S. Bricklin dealers with specific serial numbers (VINs) allocated.  The transportation company being used for shipment of the vehicle had been instructed which vehicles were to be loaded and their respective destinations - weeks before September 25.  The cars were never shipped before the default date.  Canada Permanent said it owned all the vehicle on the lot.  The dealers said they owned the specific vehicles they had paid for and which were identified by specific serial numbers.  Litigation ensued with two dealers taking up the cudgel for all aggrieved dealers.  The judgment in Hayes Bros. Buick-Opel-Jeep Inc. and Rosen-Novak Auto Co. v. Canada Permanent Trust Co.  was rendered on May 19, 1976. See: [1976] N.B.J. No. 175 The judge concluded those paid and identified vehicle belonged to the respective dealers and were not part of the bankrupt estate.

Our law firm was acting for one dealer who benefited from the decision although it had not taken an active role in the litigation.  Our client was essentially the owner of several “orphan” cars - Bricklin now being a bankrupt company.  He wondered whether we could find a buyer for the vehicles.  That is where I and another young lawyer foolishly stepped into the breach.  We bought one of the vehicles.on June 9, 1976. I drove it from the factory to Bains Corner where it was stored for about a year at which time my partner said “I want out” - so I obliged.  I then drove the vehicle to Margot’s parents’ home where it was stored for another 2 years.  With a young family and all sorts of obligations what was I thinking?  Not very clearly, apparently.  By the spring of 1979 I concluded the Bricklin had to go.  An ad was placed in Road & Track (where was the internet when I needed it?) - and tire kickers called from all parts of the U.S and Canada.  The car was sold in fairly short order to a fellow in BC and he drove the vehicle away - how far he got I don’t know. The photos were taken on the day the car was sold - a great day.  That is my Bricklin story - although for years our sons were annoyed it was gone.  

David Russell