Discharge of the Lien (RSLA)

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

12 (1) A non-possessory lien is discharged and cannot be revived as an interest in the article,

(a) upon payment to the lien claimant of the amount of the lien claimed;

(b) upon payment into court under Part IV (Dispute Resolution) of the amount set out in the claim for lien;

(c) upon the order of a court;

(d) upon the registration of a change statement recording the discharge;

(e) upon the expiry of the registration period of the claim for lien; and

(f) if the article is a motor vehicle, upon a change of ownership of the vehicle if a claim for lien was not registered before the change of ownership occurred.

(2) Where a claim for lien relates to more than one article and it is agreed to release one or more, but not all, of the articles from the lien, a change statement recording the release may be registered.

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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.