Lorincz v. Ace Towing, (2004) 256 N.S.R.(2d) 398 (SmCl)

Court:Small Claims Court of Nova Scotia
Case Date:May 06, 2004
Jurisdiction:Nova Scotia
Citations:(2004), 256 N.S.R.(2d) 398 (SmCl);2004 NSSM 15
 
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Lorincz v. Ace Towing (2004), 256 N.S.R.(2d) 398 (SmCl);

    818 A.P.R. 398

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Temp. Cite: [2007] N.S.R.(2d) TBEd. AU.013

Ben Lorincz (claimant) v. Ace Towing & Crane Limited (defendant)

(Claim No. SCCH-04-216952; 2004 NSSM 15)

Indexed As: Lorincz v. Ace Towing & Crane Ltd.

Nova Scotia Small Claims Court

Thompson, Adjudicator

May 6, 2004.

Summary:

The defendant towing company, at the request of a police officer, towed the claimant's car away and impounded it because it was said that the car was parked in such a way that it interfered with snow removal contrary to s. 139(1) of the Motor Vehicle Act. The claimant had to pay the defendant $120.75 for towing and storing in order to retrieve the car from them. The claimant successfully challenged the parking ticket and the charge under s. 139(1) was dismissed. The claimant claimed payment of the $120.75 from the defendant.

An Adjudicator of the Nova Scotia Small Claims Court allowed the claim.

Motor Vehicles - Topic 3324

Regulation of vehicles and traffic - Vehicles - Towing of - Liability for towing charges - At a police officer's request, the defendant towing company (Ace) towed the claimant's car away and impounded it because the officer alleged that the car was parked in a way that interfered with snow removal, contrary to s. 139(1) of the Motor Vehicle Act - The claimant had to pay Ace $120.75 for towing and storing in order to retrieve his car from them - The claimant successfully challenged the parking ticket and the charge under s. 139(1) was dismissed - The claimant claimed payment of the $120.75 from Ace - An Adjudicator of the Nova Scotia Small Claims Court allowed the claim - It was the Department or the peace officer who would have had a lien to recover the cost that the Department or the peace officer incurred to Ace had there been a valid charge under s. 139 - Ace would have had no lien in any event - Ace committed a "trespass", or a conversion, and was liable to the claimant for damages - That Ace might be said to be "innocent" in the sense of having simply followed the police officer's direction was not a defence - Ace might have a claim against the government, but it had to reimburse the claimant for the towing and storage.

Torts - Topic 3095

Trespass - Trespass to goods - Conversion - What constitutes wrongful seizure and conversion - [See Motor Vehicles - Topic 3324 ].

Torts - Topic 6833

Defences - Statutory compliance, authority or immunity - Acts by persons relying on directions by police, etc. - [See Motor Vehicles - Topic 3324 ].

Statutes Noticed:

Motor Vehicle Act, R.S.N.S. 1989, c. 293, sect. 139(3) [para. 3].

Counsel:

None disclosed.

This claim was heard by Thompson, Adjudicator, of the Nova Scotia Small Claims Court, who delivered the following decision on May 6, 2004, which was revised on August 7, 2007.

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