D. Chu

The applicant storage company sought to enforce a possessory lien against storage containers owned by the respondent, which had been deposited by a third-party logistics subcontractor without the respondent's knowledge.

The court found that while a possessory lien arose upon receipt of the containers, the applicant's failure to provide the mandatory 60-day statutory notice to the owner under the Repair and Storage Liens Act limited its lien to the first 60 days of storage fees.

The applicant's alternative claims for unjust enrichment and quantum meruit were dismissed because the respondent did not request or freely accept the storage services.

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.