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ARTICLE · 10 JULY 2013

Lenders Beware - "Reasonable" Repair And Storage Charges Add-Up Fast!

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The recent case of 417 Truck Center v. Daimler Truck Financial is a classic example of why lenders need be concerned.

CanadaFinance and Banking
Eleonore Morris
Eleonore Morris
Jonathan Fleisher
Jonathan Fleisher
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Previously our firm has written about abuses under the Repair and Storage Liens Act ("RSLA"). The recent case of 417 Truck Center v. Daimler Truck Financial is a classic example of why lenders need be concerned. The three key points under this case:

  1. an unregistered non-possessory lien for repairs arising under the RSLA can have priority over a registered security interest;
  2. a $30 per day storage charge was deemed reasonable in circumstances where the article stored was not delivered; and
  3. non-possessory liens can be registered at any time, and in certain circumstances, may not need to be registered at all to be enforceable.

The case is a good example of the need for lenders to be proactive and timely in their responses when dealing with repair and storage liens.

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