M feCourt of Queen’s Bench of Alberta Citation: TNK Trucking Ltd v 878052 Alberta Ltd (Double LL Towing), 2017 ABQB 85 Date: 20170208 Docket: 1603 09502 Registry: Edmonton Between: TNK Trucking Ltd. Plaintiff/Defendant by Counterclaim/Respondent - and - 878052 Alberta Ltd., operating as Double LL Towing Defendant/Plaintiff by Counterclaim/Appellant - and - ABC Corporation operating as Double LL Towing Defendant _______________________________________________________ Reasons for Judgment of the Honourable Mr. Justice B.R. Burrows _______________________________________________________ [ 1 ] Double LL Towing appeals Master Breitkreuz’s decision dismissing its application for

summary judgment in the counterclaim and for

summary dismissal of the claim.

[ 2 ] On March 22, 2016, TNK Trucking’s tractor and two trailers loaded with ammonium sulfate tipped over on a highway spilling their load. Double LL Towing was called in for the cleanup. It towed TNK’s vehicles to an impoundment area. It issued invoices to TNK. TNK paid $90,122.55 into court to obtain release of the vehicles.

That amount replaced the statutory lien Double LL claimed on the impounded vehicles under the Traffic Safety Act , s. 63(1). [ 3 ] TNK disputes that Double LL had authority to undertake the services it charged for, that Double LL performed all the services it charged for, and that the amounts charged are appropriate for the services that were provided. [ 4 ] Representatives of both sides filed affidavits and were cross-examined on them. The pleadings and the affidavits present starkly conflicting allegations and statements of fact. The evidence on cross examination has not resolved the conflicts.

Much of the evidence presented by Double LL’s representative is hearsay. [ 5 ] Master Breitkreuz concluded that the issues in this matter cannot be determined in Double LL’s favour summarily. [ 6 ] I agree and must therefore dismiss the appeal. Heard on the 1 st day of February, 2017. Dated at the City of Edmonton, Alberta this 8 th day of February, 2017. B.R. Burrows J.C.Q.B.A. Appearances: J. Proudfoot for the Plaintiff S. McMann for the Defendant