Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Other Law (https://www.askmehelpdesk.com/forumdisplay.php?f=190)
-   -   Claim my property in Ontario, Canada (https://www.askmehelpdesk.com/showthread.php?t=386677)

  • Aug 13, 2009, 06:40 PM
    on893540
    Claim my property in Ontario, Canada
    Ten months ago, my friend had introduced his friend to provide boat storage service for the winter. I have my boat parked in his friend's property for the winter and the service was ended in March and paid. The boat was supposed to return to my property in March. Because I was hospitalized in March and recovered recently. The guy who stored my boat did not release my boat and want extra payment for the months after March. And he keeps on asking more fee as long as the boat in his premise. Should I call the police to have him to release my property(boat) and arrange someone to move the boat? Please advise.
  • Aug 13, 2009, 07:20 PM
    ballengerb1

    Sorry about your illness but that doesn't change the fact that your boat over stayed the terms you agreed to. Who was supposed to move the boat, couldn't they have done that even though you were ill?
  • Aug 13, 2009, 08:12 PM
    on893540
    Quote:

    Originally Posted by ballengerb1 View Post
    Sorry about your illness but that doesn't chnage the fact that your boat over stayed the terms you agreed to. Who was supposed to move the boat, couldn't they have done that even though you were ill?

    They moved the boat from my place to the storage and they were supposed to move the boat back when the term has ended. I have no intention not to pay. I do pay my bills. But they request payment in full before releasing the boat. I do not have enough money to pay in full, but I can afford partial payments. I want the boat out of their place so that I would not incur more storage fees and arrange payments for the remaining balance. Please advise.
  • Aug 14, 2009, 07:54 AM
    ballengerb1

    If they were supposed to make the move and did not then I'd say you owe no additional money. Did they say why they did not move it on time?
  • Aug 14, 2009, 09:43 PM
    on893540
    Quote:

    Originally Posted by ballengerb1 View Post
    If they were supposed to make the move and did not then I'd say you owe no additional money. Did they say why they did not move it on time??

    Yes, they were supposed to make the move and they didn't do so because they claimed that I paid them late. I paid them late because I was in the hospital. So far there was no written contracts and any invoices. It was cash deal. Now they are holding my boat for more money and demand payment in cash. They are not in business for public storage, no license and registration. They recently lost their job and use this opportunity to get more money.
  • Aug 15, 2009, 07:29 AM
    AK lawyer
    Quote:

    Originally Posted by on893540 View Post
    they moved the boat from my place to the storage and they were supposed to move the boat back when the term has ended. I have no intention not to pay. I do pay my bills. But they request payment in full before releasing the boat. I do not have enough money to pay in full, but I can afford partial payments. I want the boat out of their place so that I would not incur more storage fees and arrange payments for the remaining balance. Please advise.

    The storage place is claiming a bailment lien. In some places such a possessory lien is not allowed by law. I'm sorry, but I have found researching the Canadian statutes to be very difficult. If someone wants to research the law in Ontario, that's what the question turns on: whether a bailee is allowed to claim a possessory lien under these circumstances.

  • All times are GMT -7. The time now is 11:09 PM.