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Appeal allowed; notice of sale under the Repair and Storage Liens Act was valid and sale was commercially reasonable.
The appellant appealed a decision awarding damages to the respondents for breach of a lease agreement and improper sale of a vehicle under the Repair and Storage Liens Act.
The application judge had found the notice of sale deficient, improperly served, and waived, and that the sale was not commercially reasonable.
The Court of Appeal found the application judge misapprehended the evidence and erred in law.
The notice complied with the Act, was properly served by registered mail, and was not waived by an incomplete compromise agreement.
Furthermore, the appellant had no obligation to repair the vehicle before sale, and the sale price was commercially reasonable.
The appeal was allowed and the application dismissed.
Truck sale without proper notice breached the Act and lease obligations.
The applicants brought an application under the Repair and Storage Liens Act arising from a commercial dump truck lease and the repairer's subsequent sale of the vehicle.
The court found that the respondent lessee was in arrears and had breached the lease, and that the respondent repairer sold the truck without providing proper notice to the applicants.
The court also held that, by entering into a further agreement after mailing notices, the repairer waived reliance on the earlier notice.
The sale was found not to be commercially reasonable and contrary to the Act.
