Lorincz v. Ace Towing & Crane Ltd.

Lorincz v. Ace Towing & Crane Ltd.

Because the s.139(1) charge was dismissed, the police lacked statutory authority under s.139(2) to tow the vehicle, no statutory lien arose under s.139(3), and Ace Towing, having no legal right to retain the vehicle, committed conversion/trespass and must reimburse the claimant for towing and storage plus filing fee.

Source-derived case information.

Citation
2004 NSSM 15
Parties
Claimant: Ben Lorincz; Defendant: Ace Towing & Crane Limited
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
6 May 2004
Procedural Posture
Small Claims Court / Decision and Order
Outcome
Claimant's claim allowed. Ace Towing and Crane Limited ordered to reimburse claimant for towing and storage and to pay filing fee.
Legal Topics
Vehicle Impoundment, Towing Charges, Liens, Conversion, Police Authority
Source Language
english
Motor Vehicle Law Tort Law Statutory Liens Vehicle Impoundment Towing Charges Liens Conversion Police Authority

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ben Lorincz

Claimant

Ace Towing & Crane Limited

Defendant

Procedural Posture

Small Claims Court / Decision and Order

Legal Issues

  1. 1 Whether the towing was authorized under s.139(2) of the Motor Vehicle Act
  2. 2 Whether a statutory lien arose permitting Ace Towing to collect towing and storage fees directly from the vehicle owner
  3. 3 Whether Ace Towing is liable in tort (conversion or trespass) for retaining the vehicle despite lack of lawful authority

Ratio Decidendi

Because the s.139(1) charge was dismissed, the police lacked statutory authority under s.139(2) to tow the vehicle, no statutory lien arose under s.139(3), and Ace Towing, having no legal right to retain the vehicle, committed conversion/trespass and must reimburse the claimant for towing and storage plus filing fee.

Court Disposition

Claimant's claim allowed. Ace Towing and Crane Limited ordered to reimburse claimant for towing and storage and to pay filing fee.

Orders

  • Ace Towing and Crane Ltd. to pay to Ben Lorincz the sum of $195.75 including the $75 filing fee.