What is a Notice of Sale?
A notice of sale is used after a sale to recoup unpaid storage charges has completed and informs the owner and any other interested parties (such as lien holders) that stored items have been sold under the provisions of a storage lien. The notice outlines details of the sale such as the amount the items were sold for, how the funds have been disbursed, and if there is any surplus available to be claimed.
Why should a Notice of Sale be used?
All provinces and their respective storage lien Acts require for a notice of sale to delivered to all interested parties after a sale has been completed. The notice is also important for having any surplus funds available from the sale collected by whichever party is entitled to do so, whether the former owner or a priority lien holder.
When should a Notice of Sale be issued?
A notice of sale should be issued as soon as possible after a sale has completed and the funds have been appropriately disbursed. Check the details of your province’s Act for details on any time frame requirements if applicable. Details can be found on our Notice of Storage Lien Sale form.
How should a Notice of Sale be issued?
A notice of sale has to be issued per the regulation of each province’s Act, being either hand-delivered to the recipient or prepaid registered mail.
Registered mail is a trackable form of delivery that allows for the sender to see once the letter has been received and signed for. Registered letters have to be taken to the post office to be processed by Canada Post. See our registered mail services for hassle-free delivery with just a few clicks of the mouse.
Hand delivery is relatively self-explanatory. It involves the landlord or their authorized agent physically delivering the letter to the rental suite and/or any other delivery addresses for the tenant. If using this option, you will likely need to swear an affidavit of service in front of a notary or commissioner for taking oaths.
Where should a Notice of Sale be issued?
A notice of sale should be issued to all known and provided addresses for the owner(s) and other interested parties. For the owner(s) this would typically be the address on any ownership or registration documents, and for interested parties like lien holders, the address shown on their lien. In addition, storers may use Google to try to find other valid addresses to show they have done their due diligence to make sure the notice makes its way to all recipients.
Where can you find out more?
Further details on notices of sale can be found by clicking the respective act of your province below:
Alberta’s Warehousemen’s Lien Act
British Columbia’s Warehouse Lien Act
Saskatchewan’s Commercial Liens Act
Manitoba’s Warehousemen’s Lien Act
Ontario’s Repair and Storage Liens Act
Newfoundland’s Warehouser’s Lien Act
New Brunswick’s Storer’s Lien Act
Nova Scotia’s Storage Warehouse Keepers Act
Prince Edward Island’s Warehousemen’s Lien Act
Northwest Territories’ Warehouse Keepers Lien Act
