Territorial Court

Decision Information

Bryer's Transport v Terra Mining & Exploration

Court Territorial Court
Date 1972-01-26
Other citations [1924] D.L.R. (3d) 447 (N.W.T. Terr. Ct.) – [1972] 2 W.W.R. 7
Judge(s) Morrow
Cases and statutes considered Statutes considered:
Miners' Lien Ordinance, R.O.N.W.T. 1956, c. 69
Decision information:

Summary: Defendent argued: 1. that there is no affidavit in support by the lien claimant; 2. that carriers are not entitled to claim for a lien under the Miners' Lien Ordinance; 3. that there is no evidence upon which the court can properly adjudicate the claim for lien. Court held that where it is properly supported by affidavits or other evidence establishing the necessary prerequisites of the Court's jurisdiction to make such an order, a claim by a carrier who delivers supplies, equipment, and mining materials is entitled to a lien under the Miners' Lien Ordinance
Abstract: Action by a transportation company to claim a lien.
Decision: Plaintiffs will be entitled to a declaration confirming the lien claimed upon filing satisfactory evidence to establish the basis for the claim for interest and total amount of indebtedness due and state of the existing title; application to appoint a receiver dismissed, application for an order for sale dismissed, costs to defendant with right of set-off
Subjects: Energy and natural resources - Mining - Miners' liens

Decision Content

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