Is a warehouseman entitled to a general lien?
British Columbia, Canada
The following excerpt is from Squamish Terminals Ltd. v. Price-Waterhouse Limited, 1980 CanLII 495 (BC SC):
The reason courts have regarded general liens "with jealousy" (per Lord Ellenborough in Rushforth v. Hadfield (1806), 7 East 224 at 228, 103 E.R. 86 at 88) is that such a lien is by its nature "prone to operate to the detriment of other creditors of the lienor'' (per Stephen J. in Majeau, supra [p. 9]). Given their "draconian nature" it is my view that, in the absence of clear statutory language, the courts should be reluctant to conclude that the legislature intended to create and confer upon a warehouseman a general lien.
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