4 total
Storage lien limited to 60 days due to failure to notify owner of unauthorized deposit.
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.
Motion for leave to appeal denied with costs fixed at $5,000.
The moving parties sought leave to appeal an order of Justice Kershman dated May 27, 2022.
The Divisional Court denied the motion for leave to appeal, awarding costs of $5,000 all-inclusive to the responding party.
Court ordered a procedural timetable for steps preceding summary judgment and Rule 21 motions.
At a case conference in a commercial lease dispute, the court established a timetable for steps leading up to the plaintiff's summary judgment motion and the defendants' Rule 21 motion.
The court declined to rule on other substantive issues, such as demands for particulars and further affidavits of documents, noting they required a proper evidentiary record and formal motions.
The ordered timetable incorporated a two-week extension to the plaintiff's proposal to accommodate defense counsel's schedule.
Arbitrator approves all disputed medical and rehabilitation treatment plans for catastrophically impaired accident victim.
The applicant, who sustained a catastrophic impairment including a traumatic brain injury in a motor vehicle accident, sought various medical and rehabilitation benefits under the Statutory Accident Benefits Schedule.
The insurer denied several treatment plans for physiotherapy, occupational therapy, speech-language therapy, and a multi-disciplinary residential program in the United States.
The arbitrator found that the insurer improperly relied on outdated or flawed assessor reports and failed to give adequate weight to the objective evidence of the applicant's treating professionals.
All disputed treatment plans were found to be reasonable and necessary, and the applicant was awarded the claimed benefits with interest.
