The appellant financed repairs to the respondent's leased vehicle and registered a lien under the Repair and Storage Liens Act.
When the respondent defaulted, the appellant seized the vehicle.
The Small Claims Court ordered the vehicle returned with damages, finding the seizure was not commercially reasonable under the Personal Property Security Act.
On appeal, the Divisional Court set aside the trial judgment, holding that the trial judge applied the wrong statute, misinterpreted the contract, and awarded inappropriate damages without a solid evidentiary basis.
The appellant was granted liberty to sell the vehicle.
