The applicant trucking company sought a declaration that the respondent towing company was not entitled to a lien on its tractor under the Repair and Storage Liens Act.
The tractor was damaged in a collision while being towed by the respondent and was subsequently stored at the respondent's yard.
The court found the respondent was not entitled to a repairer's lien as no repairs were performed, nor a storer's lien as there was no agreed amount or evidence of fair value for storage.
The court ordered the respondent to release the tractor and directed a trial on the issue of unpaid towing and storage fees.
