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Difference between revisions of "Creditors' Remedies against Debtors (10:III)"
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Creditors' Remedies against Debtors (10:III) (view source)
Revision as of 22:54, 10 August 2022
, 22:54, 10 August 2022→5. Liens for Storage
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=== 5. Liens for Storage === | === 5. Liens for Storage === | ||
The ''Warehouse Lien Act'', RSBC 1996, c 480 provides that every warehouse owner or operator has a lien on goods deposited with them for storage, whether deposited by the owner of goods or by their authority, or by any person entrusted with possession of the goods by the owner, or by their authority (s 2(1)). This right does not apply to unpaid charges for goods previously stored; see ''[https://www.canlii.org/en/bc/bcsc/doc/1980/1980canlii495/1980canlii495.html?autocompleteStr=Re%20Dutton%20Pacific%20Forest%20Products%20Ltd%20(1980)%2C%20117%20DLR%20(3d)%20507%20(SC)&autocompletePos=1 Re Dutton Pacific Forest Products Ltd.'' (1980), 117 DLR (3d) 507 (SC)], sub nom ''Squamish Terminals Ltd. v Price-Waterhouse Limited''. After the warehouser gives the appropriate notices, the goods may be sold to collect the charges (ss 3 and 4). | The ''Warehouse Lien Act'', RSBC 1996, c 480 provides that every warehouse owner or operator has a lien on goods deposited with them for storage, whether deposited by the owner of goods or by their authority, or by any person entrusted with possession of the goods by the owner, or by their authority (s 2(1)). This right does not apply to unpaid charges for goods previously stored; see ''[https://www.canlii.org/en/bc/bcsc/doc/1980/1980canlii495/1980canlii495.html?autocompleteStr=Re%20Dutton%20Pacific%20Forest%20Products%20Ltd%20(1980)%2C%20117%20DLR%20(3d)%20507%20(SC)&autocompletePos=1 Re Dutton Pacific Forest Products Ltd.'' (1980), 117 DLR (3d) 507 (SC)], sub nom ''Squamish Terminals Ltd. v Price-Waterhouse Limited''. After the warehouser gives the appropriate notices, the goods may be sold to collect the charges (ss 3 and 4). | ||
'''NOTE:''' The Commercial Liens Act received Royal Assent on March 31st, 2022, but has not yet come into force. It will come into force by regulation of the Lieutenant Governor in Council. The act overhauls commercial liens, and repeals several lien acts, including the Warehouse Lien Act. | |||
=== 6. Legal Advice on Liens === | === 6. Legal Advice on Liens === | ||