Knew Order Co. Ltd. v. 2291955 Ontario Inc. et al; Repair and Storage Liens Act; Repair and Storage Liens ActPosted March 4, 2016
2013 ONCA 559 (CanLII); Lerners represented the appellant defendants in this appeal. The appeal stems from a successful Rule 44 motion for interim recovery of personal property brought by the plaintiff. At issue in the appeal was whether the declaration that the Repair and Storage Liens Act had no application to the case was properly included in the Order resulting from the Rule 44 motion. The Ontario Court of Appeal allowed the appeal and struck the paragraph relating to the Repair and Storage Liens Act, holding that the motions judge had not made such an Order.