Landlink Freight Inc. v. Timberland Forest Products Ltd., (1998) 230 A.R. 143 (QBM)

• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: July 24, 1998
• Citations: (1998), 230 A.R. 143 (QBM)

Landlink Freight Inc. v. Timberland (1998), 230 A.R. 143 (QBM)

MLB headnote and full text

Temp. Cite: [1998] A.R. TBEd. AU.045

In The Matter Of the Garagemen's Lien Act, R.S.A. 1980 and Amendments thereto; Chapter G-1, Section 11.1(5)

Landlink Freight Inc. (applicant) v. Timberland Forest Products Ltd. (respondent)

(Action No. 9803099642)

Indexed As: Landlink Freight Inc. v. Timberland Forest Products Ltd.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Funduk, Master in Chambers

July 24, 1998.

Summary:

Landlink Freight Inc. did repairs on vehicles owned by Timberland Forest Prod­ucts. Landlink was not paid, so it registered two garagemen's liens. At issue was the validity of the two liens.

A Master of the Alberta Court of Queen's Bench held that the liens were not valid.

Liens - Topic 8304

Garagemen's lien - General - Conditions precedent - Timberland Forest Products (TFP) gave two written authorizations to Landlink Freight to do work on two vehicles - Landlink did the work and released the chattels to TFP - TFP did not sign the garage repair order which listed the work done and the charges - Landlink was not paid - It registered garagemen's liens - A garagemen was not entitled to a lien unless he retained possession of the chattel or obtained an acknowledgement of the person who authorized the repair by requiring that person to sign an invoice or other statement of account (Garagemen's Lien Act, s. 2(3)) - Landlink claimed that the written authorizations were "invoices or other statements of account" - A Master of the Alberta Court of Queen's Bench held that the authorizations were not invoices - The Master held that the liens were invalid.

Liens - Topic 8344

Garagemen's lien - Non-possessory liens - Acknowledgement of indebtedness - [See Liens - Topic 8304 ].

Cases Noticed:

General Motors Acceptance Corp. of Canada v. Gorniak, Gorniak and Gorniak Truck & Diesel Repair (1978), 17 A.R. 538; 6 Alta. L.R.(2d) 285 (Dist. Ct.), refd to. [para. 9].

Union Tractor Ltd. v. FMX Construction Ltd. (1992), 126 A.R. 321 (Q.B. Master), refd to. [para. 9].

Crawler Sales Ltd. v. Hoe Cat Consulting Ltd. (1991), 83 Alta. L.R.(2d) 280 (Q.B. Master), not folld. [para. 9].

Miller (Ed) Sales & Rentals v. Canada Imperial Bank of Commerce (1987), 79 A.R. 161 (C.A.), refd to. [para. 10].

R. Angus Alberta Ltd. v. Union Tractor Ltd. (1967), 61 W.W.R.(N.S.) 603 (Alta. Dist. Ct.), refd to. [para. 10].

Continental Bank of Canada v. Henry Mogensen Transport Ltd. and Allwest Petroleum & Industrial Supplies Ltd. (1984), 54 A.R. 27 (Q.B. Master), refd to. [para. 10].

Kalaman v. Singer Valve Co. (1997), 93 B.C.A.C. 93; 151 W.A.C. 93; 38 B.C.L.R.(3d) 331 (C.A.), refd to. [para. 24].

Statutes Noticed:

Garagemen's Lien Act, R.S.A. 1980, c. G-1, sect. 2(1), sect. 2(3) [para. 7 ].

Counsel:

D.L. Kennedy (Parlee McLaws), for Cana­dian Imperial Bank of Commerce;

C.P Neufeldt (Snyder & Company), for the applicant.

This matter was heard by Funduk, Master in Chambers, of the Alberta Court of Queen's Bench, Judicial District of Edmon­ton, who delivered the following judgment on July 24, 1998.