Unpaid Storage fees, unpaid repair fees
You may have lien rights. May. The right to lien an article, either being a boat, car, motorcycle or some other item, is governed under the Repair and Storage Lien Act, R.S.O. 1990 c.R.25 ( RSLA).
Failing to follow the strict requirements of the RSLA not only compromises a lien, it can cost you thousands… unexpectantly. You may not view this being fair however seizing a person’s boat or car for unpaid bills requires proper procedures. The person who owns the boat, vehicle or item deserves nothing less.
In the case involving boat owners Suzanne and Harvey Theriault , they had their vessel and its contents seized and eventually sold. They sued for unlawful seizure and were successful resulting in damages and costs being awarded to them.
What makes this case of interest is i) reliance on case law utilizing the Personal Property Security Act in considering the commercial value of the vessel ii) sections of the RSLA outlining the notice to be sent to the owners; iii) a simple oversight in service of a notice under the RSLA. Even though it did not expand on the requirements necessary within a notice, there still was sufficient proof to find in favour of the owners of the vessel.
Before you sell that boat, vehicle or item seek legal advice. Lien123.ca focuses on your rights to lien under the RSLA. It is hosted by CMS Legal Services Professional Corporation. Give Trevor Kozma a call if you have any questions 519-601-6262.