The appellant towing company appealed a Small Claims Court decision limiting its storage lien against the respondent vehicle owner to 60 days.
The appellant had towed a damaged leased vehicle at the request of police and stored it for over a year without notifying the respondent, who held a registered security interest.
The Divisional Court dismissed the appeal, upholding the trial judge's finding that the appellant was required under s. 4(4) of the Repair and Storage Liens Act to provide written notice within 60 days, and that failure to do so limited the lien to the initial 60-day period.
