Supreme Court

Decision Information

Johnson's Building Supplies Ltd. v 933376 N.W.T. Ltd.

Court Supreme Court
Date 1996-06-21
File numbers CV 06205, CV 06206, CV 06208, CV 06212
Judge(s) Vertes
Location Yellowknife
Cases and statutes considered Cases considered:
Executive Ltd. v. B.A.S. Developments Ltd., [1994] NWTR 154
Security Labour Co. v. Anaka, [1927] 1 WWR 975 (Sask R)
Northern Electric Co. v. Frank Warkentin Electric Ltd. (9172), 27 DLR (3d) 319 (Man CA)

Statutes considered:
Mechanics Lien Act, s. 8
Mechanics Lien Act, s. 3
Decision information:

Summary: Defendant seeking to deposit 10% of construction costs as lien fund and security to vacate security currently in place for lien claims - Definition of "contractor" in Act clearly contemplating the contractor contractor with own - Defendant arguing that contractor and owner may be same entity - Facts presented on motions not incontrovertible o not a pure question of law - Court unable to decide issue on interim motion.
Decision: All 4 motions dismissed
Subjects: Builders' liens - Lien fund
Builders' liens - Lienable interests

Decision Content

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