RSLA

What is a Section 23 application and when should lenders consider it?

A Section 23 application asks the court to determine rights and obligations relating to the lien, including the amount owing and distribution of proceeds if a sale is in play. Lenders use it when they need a binding ruling on priority, amounts, or handling of the collateral. Smaller claims may proceed in Small Claims Court; complex or higher‑value matters go to the Superior Court of Justice.

Need a court ruling on lien amounts or priority? We prepare and file Section 23 applications end‑to‑end: /consultation/

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More on RSLA

 What is the difference between Section 23 and Section 24 applications under Ontario’s Repair and Storage Liens Act (RSLA)?  What Section 24 arguments help when storage rates exceed municipal by-law limits for large construction machinery?  How should lenders proceed when multiple RSLA liens are filed against the same financed car by different tow operators?  What remedies exist if a lien claimant tries to sell a forklift before the 21-day RSLA notice period expires?  How can a secured creditor verify that all RSLA notices of intention to sell were properly served on every PPSA party?  What steps should lenders take if a heavy-duty wrecker imposes excessive recovery fees on a leased semi-trailer?

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