The applicant sought a determination of its rights to a possessory lien over storage containers owned by the respondent, which were deposited by a third-party logistics subcontractor without the respondent's knowledge.
The court found that while the applicant acquired a possessory lien upon receiving the containers, it failed to provide the mandatory 60-day notice to the owner under s. 4(4) of the Repair and Storage Liens Act despite knowing the subcontractor did not own them.
Consequently, the applicant's lien was limited to the unpaid amount for the first 60 days of storage.
The applicant's claim for a non-possessory lien was dismissed as there was no signed acknowledgment of indebtedness.
