When British Columbia’s new Commercial Liens Act came into force on June 30, 2025, many businesses and lawyers wondered how the law would play out in practice. Just two months later, on September 3, the B.C. Supreme Court provided its first answer. The case, 1446649 B.C. Ltd. v. 1443120 B.C. Ltd., 2025 BCSC 1707, is now the first reported judgment interpreting the statute.
Commercial and Securities Litigator Aneka Jiwaji was the lead counsel who represented the petitioners in a decision that will shape how businesses across the province protect their interests.
The ruling replaces uncertainty with clarity. The Commercial Liens Act consolidated several older laws, such as the Repairers Lien Act, the Warehouse Lien Act, and the Livestock Lien Act, into a single modern framework. For industries like auto repair, transport, warehousing, towing, and salvage services, the question was how broadly courts would read the Act.
Jiwaji’s case sets the first precedent, which states that lien rights will apply only when services such as repair, storage, transport, or salvage are provided for consideration. And, as the court emphasized, the law will be interpreted narrowly.
Another key feature of the decision is its interpretation of Section 10. The court confirmed that if a security interest has already been registered against the same goods, the lien ceases. That guidance, Jiwaji says, will help businesses avoid costly mistakes. “This case is significant because it’s the first reported judgment under B.C.’s new Commercial Liens Act, providing clarity on when commercial lien rights apply and giving B.C. companies and lawyers practical guidance under the new law,” she explains.
For everyday businesses, the ruling has immediate implications. Companies that might not usually think about lien rights, such as auto shops or trucking firms, now have a roadmap for securing payment when services go unpaid.
Jiwaji advises business owners to be proactive in reviewing contracts, invoices, and agreements to ensure lien rights are preserved under the Act. Just as importantly, she recommends seeking legal advice before disputes arise. “Having clarity up front can save significant cost and uncertainty if a dispute does occur,” she notes.
The case also sets the tone for what’s to come. As more disputes make their way to court, Jiwaji expects the boundaries of the Act to be tested. “Because this is the first reported case under the new Act, it sets the tone for how courts may approach future disputes,” she says. “I expect more businesses will test the limits of lien rights, which could broaden the law’s application beyond traditional industries.”
For Jiwaji, the decision is not only a professional milestone but also a personal one. Serving as lead counsel in a precedent-setting case required her to build arguments under an untested law and advocate on an urgent timeline. She also sees her role as part of a larger responsibility, one demonstrating that women can lead complex commercial litigation at the highest levels.
“My role was to guide the legal strategy from start to finish, analyzing the new legislation, building arguments that would withstand scrutiny, and advocating for my client in court,” she reflects. “The application was handled on an urgent basis, which added another layer of complexity, and I’m proud of the result we achieved on a short turnaround.”The Commercial Liens Act is still young, but with this first decision, businesses now have a clearer understanding of how to navigate it, and Aneka Jiwaji has established herself as one of the voices guiding them.
