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Difference between revisions of "Repairers' Liens"
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In common law, once the goods are returned to the consumer, the repairer no longer has possessory rights. This point is not relevant if the consumer pays the bill, but it is relevant if the parties agree that the consumer can take the goods and pay the repair bill later. If the consumer were later to default on the promise to pay the bill, the repairer only has a right to sue for the money owed. The repairer does not have any right to take the goods. | In common law, once the goods are returned to the consumer, the repairer no longer has possessory rights. This point is not relevant if the consumer pays the bill, but it is relevant if the parties agree that the consumer can take the goods and pay the repair bill later. If the consumer were later to default on the promise to pay the bill, the repairer only has a right to sue for the money owed. The repairer does not have any right to take the goods. | ||
There is case law that says that the repairer does not lose a common-law possessory right if the goods are taken away from the repairer without the repairer’s permission, such as by trick or stealth. The repairer may be able to retake possession, so long as certain trespasses are not committed, such as by breaking into a house or garage (see the sections on Bailiffs, Court Bailiffs and Sheriffs and Collection Agents) and so long as there is not a breach of the peace that results in a [http://canlii.ca/t/7vf2 Criminal Code] charge. | There is case law that says that the repairer does not lose a common-law possessory right if the goods are taken away from the repairer without the repairer’s permission, such as by trick or stealth. The repairer may be able to retake possession, so long as certain trespasses are not committed, such as by breaking into a house or garage (see the sections on [[Bailiffs, Court Bailiffs and Sheriffs]] and [[Collection Agents]]) and so long as there is not a breach of the peace that results in a [http://canlii.ca/t/7vf2 Criminal Code] charge. | ||
In common law, the repairer also has the right to sell the goods, eventually, if the repair bill is not paid. | In common law, the repairer also has the right to sell the goods, eventually, if the repair bill is not paid. | ||
