Wednesday, February 11, 2009

Installation of Software as a Repair Under Repair and Storage Liens Act
Search for decisions citing this decision

"...TRAFFORD J.:—In the circumstances of this case, I am satisfied that the development of software by Microsys and its integration with the hardware of the plaintiff Anritsu’s equipment is a “repair” under the Repair and Storage Liens Act, R.S.O. 1990, c. R.25 (the “RSLA”). Money, labour and skill were applied to the equipment for the purposes and with the effect of altering and transforming its properties. Accordingly, Microsys is a “lien claimant” under that legislation and is entitled to the benefits of its enforcement regime. Moreover, in any event, independent of its entitlement under the RSLA, Microsys should be entitled to possession of the Anritsu equipment for the purposes of testing it so as to further the defence to the claims. A period of 90 days is granted for such testing. By the end of the period, that equipment is to be forthwith returned to Anritsu, subject to the rights of Microsys under the RSLA. Costs to Microsys in the amount of $3,500 are payable forthwith..."

No comments:

Post a Comment