Dispute Resolution (RSLA)

Repair and Storage Liens Act, R.S.O. 1990, c. R.25

23 (1) Any person may apply to a court for a determination of the rights of the parties where a question arises with respect to,

(a) the seizure of an article under Part II (Non-possessory Liens), any right of seizure in respect of the article, whether the costs of seizure are recoverable or whether they exceed the amount permitted under subsection 14 (3.1);

(b) the sale of an article under Part III (Redemption, Sale or Other Disposition);

(c) the distribution of the proceeds of the sale of an article under Part III, including the right of any person to share in those proceeds, and the obligation of any lien claimant to account for those proceeds;

(d) the amount of a lien or the right of any person to a lien; and

(e) any other matter arising out of the application of this Act,

and the court may make such order as it considers necessary to give effect to those rights. R.S.O. 1990, c. R.25, s. 23 (1); 2006, c. 34, s. 23 (3).

(2) An application shall not be made under clause (1) (d) where an application has been made under section 24. R.S.O. 1990, c. R.25, s. 23 (2).

(3) An application under subsection (1) to the Small Claims Court shall be in the prescribed form. 2017, c. 20, Sched. 11, s. 31.