An Ontario Superior Court judge has dismissed more than $2.2 million in repair and storage lien claims against trucks formerly operated by Trans Emerge Transport, finding the claimant failed to prove it was entitled to the liens.
In a June 25 decision, Justice Sean Dunphy ruled that Hub Truck Centre did not establish that it was legally acting as either a repairer or storer under Ontario’s Repair and Storage Liens Act, and therefore had no valid liens on the equipment recovered during the Trans Emerge receivership.
The ruling stems from the 2024 receivership of Mississauga-based Trans Emerge Transport, which operated a fleet of about 125 trucks and employed roughly 150 drivers before collapsing under more than $10 million in debt to Royal Bank of Canada and millions more owed to equipment lessors, including Daimler Truck Financial Services.
The court was sharply critical of Hub’s evidence, noting the receiver’s inspection of the trucks raised questions about whether much of the claimed repair work had been performed. The receiver also identified 24 instances where different versions of what appeared to be the same invoices contained conflicting information about parts, labor or pricing. Dunphy concluded Hub failed to prove its repair claims or demonstrate that any valid liens existed.
The judge also ordered Hub to pay substantial indemnity costs totaling more than $310,000 to the receiver and Daimler, finding the company had caused significant delays and expense while pursuing claims it failed to justify.
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