Supreme Court

Decision Information

Federal Business Development Bank v Construction J.C. Cote ltee

Court Supreme Court
Date 1994-10-14
Other citations (1994) – 17 C.L.R. (2d) 1 (N.W.T. S.C.)
File numbers CV 04680
Judge(s) Richard
Location Yellowknife
Cases and statutes considered Cases considered:
PITTS V. STEEN [1981] 3 W.W.R. 289 (N.W.T.S.C.)

Statutes considered:
MECHANICS LIEN ACT, R.S.N.W.T. 1988, c.M-7
Decision information:

Abstract: The plaintiff mortgagee applies for a declaration that a mechanics lien is invalid as against the mortgagee's interest in the proceeds of sale of the foreclosed property and an order directing payment of the sale proceeds to FBDB.
Decision: The application is granted. The Lessard lien shall be declared invalid as against FBDB, and the balance of the sale proceeds shall be paid to FBDB's solicitors.
Subjects: Motor vehicles - Garagemen's liens - Validity
Mortgages - Foreclosure - Order nisi

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