Law360 Canada ( February 18, 2025, 10:22 AM EST) -- Appeal by Cascade Aerospace Inc. (Cascade) from judge’s order in replevin, directing the return of aircraft to Viking Air Limited (Viking). Viking, an aviation company, contracted with Cascade to upgrade the avionics system on certain of its aircraft. A dispute arose between them under the contract. Viking asked for the return of its aircraft. Cascade refused. Cascade argued it had a general and specific lien over the aircraft to secure its claim for damages. Viking started an action against Cascade alleging the tort of detinue. Cascade filed a counterclaim and alleged as a defence to the detinue action, its lien claims. The judge ordered Cascade to return the aircraft upon posting of security by Viking, equal to Cascade's claim for unpaid invoices. Cascade submitted that the judge erred in not requiring evidence from Viking that the asset in its possession was at risk of disposition, or damage as a freestanding element of granting a replevin order and in concluding that a risk of irreparable harm was demonstrated. Viking contended that the judge did not err either in rejecting the argument that a risk of disposition needed to be demonstrated, or in deciding whether a replevin order should go....