Something interesting happened on a matter I was brought into.
A client discovered a lien registration under the Repair and Storage Liens Act (“RSLA”) on one of their vehicles by a Lien Claimant who we believed was a gas station.
Our client wanted to know if a non-possessory lien under the RSLA can be registered for fuel. There’s a first for everything, and this was a first.
Under the RSLA, a “Repair” is defined as an expenditure of money on, or the application of labour, skill or materials to, an article for the purpose of altering, improving or restoring its properties or maintaining its condition and includes,
(a) the transportation of the article for purpose of making a repair,
(b) the towing of an article, or
(c) the salvage of an article;
A “Repairer” is defined as a person who makes a repair on the understanding that the person will be paid for the repair.
Based upon the definitions of both a repair and repairer, fuel cannot be defined as a repair and the lien claimant cannot be defined as a repairer.
Upon investigating, the alleged lien claimant provided documentation which they claim supported their lien. It was not for fuel but for charges for a parking space on their property.
Under the RSLA, a “Storer” is defined as a person who receives an article for storage or storage and repair on the understanding that the person will be paid for the storage or storage and repair, as the case may be.
Our client’s vehicle was not being stored at the property of the lien claimant’s. The vehicle would be parked there from time to time, coming and going as it pleases.
The lien claimant most certainly cannot be defined as a Storer, as they were simply providing a designated parking space.
When pushed further, the lien claimant admitted they had no written authorization from the individual who parked our client’s vehicle there, which is required under the RSLA.
The lien was subsequently discharged, as they realized they had not right to register the lien.
If you want to register a lien under the RSLA, make sure you fit the definition of either a Repairer or Storer (or both), and ensure you have written authorization, or you can face some consequences for incorrectly registering a lien.
Murray Brown, Licensed Paralegal