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The Court of Appeal restored a repairer's possessory lien over an aircraft, finding the application judge erred by vacating it before determining if the disputed repairs were authorized.
The appellants appealed an order vacating their possessory lien on an aircraft under the Repair and Storage Liens Act.
The application judge had erred by vacating the lien without fully determining whether the repair work was authorized and if any amounts were owing, despite acknowledging that litigation on these issues was possible.
The Court of Appeal found that the application judge failed to make necessary findings and improperly applied the RSLA.
The appeal was allowed, the original order set aside, and the appellants' possessory lien was declared to exist until further court order, with the issues of authorization and amounts owing remitted to trial.
