24 (1) Where a claimant claims a lien against an article under Part I (Possessory Liens) and refuses to surrender possession of the article to its owner or any other person entitled to it and where one of the circumstances described in subsection (1.2) exists, the owner or other person lawfully entitled to the article may apply to the court in accordance with the procedure set out in this section to have the dispute resolved and the article returned.  2000, c. 26, Sched. B, s. 18 (2). Same, non-possessory lien (1.1) Where a claimant claims a lien against an article under Part II (Non-Possessory Liens), where the person who has possession of the article refuses to surrender it to its owner or any other person entitled to it and where one of the circumstances described in subsection (1.2) exists, the owner or other person lawfully entitled to the article may apply to the court in accordance with the procedure set out in this section to have the dispute resolved and the article returned.  2000, c. 26, Sched. B, s. 18 (2). Dispute (1.2) Subsection (1) or (1.1) applies if there is, (a)  a dispute concerning the amount of the lien of the lien claimant including any question relating to the quality of the repair, storage or storage and repair; (b)  in the case of a repair, a dispute concerning the amount of work that was authorized to be made to the article; or (c)  a dispute concerning the right of the lien claimant to retain possession of the article.  2000, c. 26, Sched. B, s. 18 (2). Respondents (2) The application shall name, as the respondents, the lien claimant and, in the case of a non-possessory lien, the person who has possession of the article.  2000, c. 26, Sched. B, s. 18 (2). Form (3) The application shall be in the prescribed form and may include an offer of settlement.  1998, c. 18, Sched. E, s. 266 (1); 2017, c. 20, Sched. 11, s. 32 (1). Payment into court (4) The applicant shall pay into court, or deposit security with the court in the amount of, the full amount claimed by the respondent but where the applicant includes an offer of settlement in the application, the applicant shall pay into court the amount offered in settlement and shall pay into court, or deposit security with the court for, the balance of the full amount claimed by the respondent and payments and deposits under this subsection shall be made to the credit of the application.  R.S.O. 1990, c. R.25, s. 24 (4). Initial certificate (5) Where money is paid into court or a deposit is made with the court under subsection (4), the clerk or registrar of the court shall issue an initial certificate in the prescribed form and under the seal of the court stating that the amount indicated in the initial certificate, or security for that amount, has been paid into or deposited with the court to the credit of the application and, where applicable, indicating the portion of that amount that is offered in settlement of the dispute. 2017, c. 20, Sched. 11, s. 32 (2). Release on interim certificate (6) The applicant shall give the initial certificate to the respondent who, within three days of receiving the initial certificate, shall release the article described therein to the applicant unless, within the three day period, the respondent files with the court a notice of objection in the prescribed form.  R.S.O. 1990, c. R.25, s. 24 (6); 1998, c. 18, Sched. E, s. 266 (3); 2017, c. 20, Sched. 11, s. 32 (3). Final certificate (7) Where an objection has been filed with the court, the applicant may pay the additional amount claimed as owing in the objection into court to the credit of the application or deposit security for that amount with the court to the credit of the application and, where the additional amount has been paid into court or the additional security has been deposited with the court, the clerk or registrar shall issue a final certificate in the prescribed form and under the seal of the court. 2017, c. 20, Sched. 11, s. 32 (4). Release on final certificate (8) The applicant shall give the final certificate to the respondent who, upon receiving the final certificate, shall release immediately the article described therein.  R.S.O. 1990, c. R.25, s. 24 (8). Writ of seizure (9) Where the respondent does not release the article as required, the applicant may obtain from the clerk or registrar of the court, without notice to the respondent, a writ of seizure in the prescribed form directing the sheriff or bailiff to seize the article and, upon receipt of the writ, the sheriff or bailiff shall seize the article and return it to the applicant.  R.S.O. 1990, c. R.25, s. 24 (9); 2017, c. 20, Sched. 11, s. 32 (5). Idem (10) Before obtaining a writ of seizure, the applicant shall file an affidavit with the clerk or registrar of the court confirming that the respondent has not released the article as required.  R.S.O. 1990, c. R.25, s. 24 (10). Payment out of court of settlement (11) Where the respondent releases the article to the applicant in compliance with an initial or final certificate, or where the article is seized by a sheriff or bailiff under a writ of seizure, the respondent may demand a receipt in the prescribed form to this effect, and upon presentation of the receipt to the clerk or registrar of the court and signing a waiver of further claim in the prescribed form, the respondent shall be paid the portion of the amount paid into court that was offered in settlement of the dispute.  R.S.O. 1990, c. R.25, s. 24 (11); 1998, c. 18, Sched. E, s. 266 (5); 2017, c. 20, Sched. 11, s. 32 (6). Notice to applicant (12) Where the respondent accepts the amount offered in settlement of the dispute, the clerk or registrar of the court shall notify the applicant and upon request shall return to the applicant the balance of the amount deposited into court and deliver up any security deposited by the applicant for cancellation.  R.S.O. 1990, c. R.25, s. 24 (12). Substitution of security (13) Where the article is released to the applicant by the respondent or is seized by the sheriff or bailiff under subsection (9), the lien is discharged as a right against the article and becomes instead a charge upon the amount paid into court or the security deposited with the court, and where the respondent seeks to recover the full amount claimed by the respondent to be owing, the respondent may commence an action to recover that amount.  R.S.O. 1990, c. R.25, s. 24 (13); 2017, c. 20, Sched. 11, s. 32 (7). Discharge (14) The charge upon the money paid into court or the security deposited with the court is discharged ninety days after the article was returned to the applicant or seized unless, before the end of the ninety days, the respondent has accepted the applicant’s offer of settlement or has commenced an action to recover the amount claimed.  R.S.O. 1990, c. R.25, s. 24 (14); 2017, c. 20, Sched. 11, s. 32 (8). Return of money or security (15) Upon the expiry of the ninety days referred to in subsection (14), the clerk or registrar of the court may return to the applicant the money paid into court and deliver up for cancellation any security deposited with the court if the applicant files with the clerk or registrar an affidavit confirming that the respondent has neither accepted an offer of settlement nor commenced an action to recover the money claimed.  R.S.O. 1990, c. R.25, s. 24 (15); 2017, c. 20, Sched. 11, s. 32 (9). Costs of enforcing writ seizure (16) The respondent is liable for the costs of enforcing a writ of seizure and these costs shall be set off against the amount paid into court under this section.  R.S.O. 1990, c. R.25, s. 24 (16). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 266 (1-4) - 18/12/1998 2000, c. 26, Sched. B, s. 18 (2) - 06/12/2000 2017, c. 20, Sched. 11, s. 32 (1-9) - 14/11/2017