9806881 Canada Corp. v. Swan
9806881 Canada Corp.
Law Firm / Organization
Karrass Law
Glen Swan
Law Firm / Organization
Teplitsky LLP
Toronto Aircraft Inc.
Law Firm / Organization
Teplitsky LLP
Toronto Aircraft Maintenance Inc.
Law Firm / Organization
Teplitsky LLP

Summary: 9806881 Canada Corp. appealed a Superior Court decision regarding the validity of a possessory lien and Personal Property Security Act (PPSA) registration against Glen Swan, Toronto Aircraft Inc., and Toronto Aircraft Maintenance Inc. concerning unpaid aircraft repairs and storage/rental costs.

Background: The dispute centered on the appellants’ claim of a possessory lien for unpaid repairs and associated costs on the respondent's aircraft. The trial court's decision was appealed on grounds of errors concerning lien rights and PPSA registration.

Court Analysis:

  • The Court of Appeal found no error or ambiguity in its previous decision, which had set aside the lower court's order due to incorrect application regarding lien rights and PPSA issues.
  • The appeal did not abandon any claims regarding unpaid storage/rental costs, as argued by the respondent.
  • Outstanding issues, including the validation of charges and the work promised, were remitted back to the Superior Court for trial.

Outcome:

  • The Court of Appeal upheld the possessory lien over the respondent's aircraft until further court order, specifying that the reasons behind the lien—whether repairs or storage costs—required additional determination.
  • The parties were directed to draft a conforming order based on this clarification or submit their proposals for the court’s approval if consensus was not reached.
  • No specific amounts provided in the document.
Court of Appeal for Ontario
M54681; COA-23-CV-0807
Civil litigation
Respondent