Background

• In 2008, Mansfield hired USCAN to repair a Bell 412 helicopter.
• Work was halted in February 2009, but USCAN continued repairs.
• Mansfield disputes owing any further payments and seeks the helicopter’s return.
• USCAN claims a possessory lien under the Repair and Storage Lien Act (RSLA).

Motions and Court Findings

1. Mansfield’s Motion for Security for Costs ($151,331.80) – Dismissed

   • Mansfield argued USCAN lacked Ontario assets to cover costs.
   • USCAN claimed a receivable of $430,000 USD but had no other assets.
   • Mansfield conceded some payment was owed for pre-2009 labor.
   • The court ruled the claim had a reasonable chance of success, making security unjust.

2. USCAN’s Motion for Possessory Lien – Granted

   • Mansfield admitted pre-2009 work was authorized and unpaid.
   • Based on Swan (2024 ONCA 35), the RSLA grants a lien until amounts are determined.
   • However, USCAN cannot sell or dispose of the helicopter pending final determination.

3. USCAN’s Motion for Mansfield to Post $150,000 Security – Dismissed

   • Rule 45.03 applies only when security releases property, not when possession continues.

Final Order

• USCAN retains a possessory lien but cannot dispose of the helicopter.
• No security for costs or additional payment into court required.
• The court urged a quick resolution due to the helicopter’s low value.