Yuvraj S. Chhina

Following a successful application for the recovery of four leased trucks, the applicant sought costs on a substantial indemnity basis, alleging high-handed conduct by the respondents.

The court found the respondents' conduct did not warrant substantial indemnity costs and awarded partial indemnity costs.

The respondents were ordered to pay $36,658.08 in fees, plus taxes and disbursements.

The applicant, owner of four leased commercial trucks, sought an order for immediate and permanent possession of the trucks from the respondent towing company.

The respondent claimed a repairer's or storer's lien under the Repair and Storage Liens Act for unpaid towing services.

The court found that the respondent was neither a 'repairer' nor a 'storer' under the Act, as the towing was not connected to any intended repair service and there was no agreement for storage.

The respondent's possessory lien claim failed, and any non-possessory lien was unenforceable due to lack of written acknowledgment.

The court granted the applicant immediate and permanent possession of the trucks.

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.