Difference between revisions of "Repairers' Liens"
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If there is a dispute over the work done (for example, unauthorized repairs, work not done properly, or a bill higher than the estimate given), you may still first try to negotiate with the repairer (whether or not the goods have been released). Again, the consumer may not have much bargaining strength, particularly if the repairer possesses the goods. The practical remedy for the consumer may be to pay the bill, and then start a court action over the dispute. | If there is a dispute over the work done (for example, unauthorized repairs, work not done properly, or a bill higher than the estimate given), you may still first try to negotiate with the repairer (whether or not the goods have been released). Again, the consumer may not have much bargaining strength, particularly if the repairer possesses the goods. The practical remedy for the consumer may be to pay the bill, and then start a court action over the dispute. | ||
It is possible for a consumer to have a cause of action against a repairer not only because of a dispute over the repairer’s bill, but also because the repairer (or agents of the repairer, such as a bailiff) attempted to enforce possessory rights in an improper fashion. There are many possibilities, and many examples in the case law. A consumer may have a cause of action for damages: | It is possible for a consumer to have a cause of action against a repairer not only because of a dispute over the repairer’s bill, but also because the repairer (or agents of the repairer, such as a [[Bailiffs and Sheriffs|bailiff]]) attempted to enforce possessory rights in an improper fashion. There are many possibilities, and many examples in the case law. A consumer may have a cause of action for damages: | ||
* if the goods are repossessed when the repairer did not have a validly filed lien
| * if the goods are repossessed when the repairer did not have a validly filed lien
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* if the goods are repossessed after 180 days
| * if the goods are repossessed after 180 days
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* if the goods are sold without meeting the sale requirements of the [http://canlii.ca/t/84bv Repairers Lien Act]
| * if the goods are sold without meeting the sale requirements of the [http://canlii.ca/t/84bv Repairers Lien Act]
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* if the goods are damaged during repossession
| * if the goods are damaged during repossession
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* if the bailiff or repairer trespasses (for example, breaks into a house or garage, or assaults the consumer) while repossessing the goods
| * if the bailiff or repairer [[Tort Actions#Page titles|trespasses]] (for example, breaks into a house or garage, or assaults the consumer) while repossessing the goods
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== Related topics and materials== | == Related topics and materials== | ||