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Sunday, February 07, 2016
Saskatchewan Justice

This Act updates, codifies and consolidates existing rules with respect to the attachment and enforcement of commercial liens.

The Commercial Liens Act applies to the following types of liens:

  • a repairer's lien - in which a person is provided services for the purpose of improving, restoring or maintaining the condition of property or goods;
  • a storer's lien - in which the goods are maintained by storage; and
  • a carrier's lien - in which goods are transported from one place to another where they are needed or will be capable of being sold or repaired.

The Act provides for a summary process before the Court of Queen's Bench for parties that do not agree with the amount or nature of a claimed lien. It also largely adopts the enforcement procedures of The Personal Property Security Act, 1993.

The Act repeals The Garage Keepers Lien Act, portions of The Hotel Keepers Act, The Warehousemen's Lien Act and what remains of The Mechanics' Lien Act, as well as repealing any general common-law commercial liens.

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