Law360 Canada (April 26, 2023, 6:19 AM EDT) -- Appeal by Maynard Holdings Ltd. (Maynard) from motion judge’s findings that Maynard had no right of use to the crane, granted surrender of the crane to IFORM Works Inc. (IFORM) and prohibited Maynard use of the crane. Maynard argued that the motion judge erred in granting conditional surrender of the crane and by enjoining Maynard’s use of the crane. Maynard retained Optimo Group Inc. (Optimo) to provide form work for the foundation and structure of Maynard’s planned apartment development. Maynard had security on the crane which it financed but not on the tools and equipment (Roberts Street Equipment). Maynard terminated its construction contract with Optimo. Optimo then conveyed the crane and Roberts Street Equipment to IFORM. IFORM attempted to pay out the loan from Maynard and recover the crane but did not get a clear answer from Maynard regarding the amount due. Without Optimo’s consent, Maynard used the crane and the Roberts Street Equipment to continue to work on its apartment building project. Maynard refused to surrender the crane or the Roberts Street Equipment. It wished to retain the crane to finish its project. IFORM moved for an injunction restraining use of the crane, determination of the debt on the crane and recovery of the Roberts Street Equipment. IFORM succeeded. ...