Daniel F. Chitiz

The appellant lien claimant appealed the dismissal of its application for a declaration that its non-possessory lien attached to a respondent's interest in trailers.

The court held that the respondent acquired rights in the trailers only upon repurchase, after the lien arose but before it was registered, engaging s. 10(1) of the Repair and Storage Liens Act and giving the respondent priority.

The court also rejected reliance on s. 63(11) of the Personal Property Security Act, noting that the PPSA does not apply to a statutory lien and that prior appellate authority had already limited the effect of that provision in this dispute.

The appeal was dismissed with costs.