College Housing Co-Operative Ltd. and College Housing Inc. v. Baxter Student Housing Ltd. and R.C. Baxter Ltd., (1975) 5 N.R. 515 (SCC)
Judge | Martland, Judson, Spence, Pigeon and Dickson, JJ. |
Court | Supreme Court (Canada) |
Case Date | May 12, 1975 |
Jurisdiction | Canada (Federal) |
Citations | (1975), 5 N.R. 515 (SCC);[1976] 1 WWR 1;5 NR 515;57 DLR (3d) 1;[1976] 2 SCR 475;1975 CanLII 164 (SCC);[1975] ACS no 84;20 CBR (ns) 240;[1975] SCJ No 84 (QL) |
College Housing v. Baxter Student Housing (1975), 5 N.R. 515 (SCC)
MLB headnote and full text
College Housing Co-Operative Ltd. and College Housing Inc. v. Baxter Student Housing Ltd. and R.C. Baxter Ltd.
Indexed As: College Housing Co-Operative Ltd. and College Housing Inc. v. Baxter Student Housing Ltd. and R.C. Baxter Ltd.
Supreme Court of Canada
Martland, Judson, Spence, Pigeon and Dickson, JJ.
June 26, 1975.
Summary:
This case arose out of an application for the appointment of a receiver. The application was made by the owner of a residence for students which was the subject of a pending mechanic's lien action. The owner of the residence made the application for the purpose of acquiring funds from the mortgage lender to be used to repair a defective roof. The application was granted by the Manitoba Supreme Court. The order appointing the receiver stated that any advances made the mortgage lender to the owner would have priority over any registered liens against the residence. Such priority was contrary to s. 11 of the Mechanics' Lien Act.
On appeal to the Manitoba Court of Appeal the appeal was dismissed and the appointment order was affirmed.
On appeal to the Supreme Court of Canada the appeal was allowed and the judgments of the Manitoba courts were set aside. The Supreme Court of Canada stated that the appointment order was invalid because it would have altered statutory priorities. In addition, the Supreme Court of Canada stated that the appointment order would be tantamount to a finding in favour of the owner of the residence on a major issue not yet litigated between the owner of the residence and the builder of the residence.
Receivers - Topic 1664
Appointment - Terms of appointment order - Invalid terms respecting property - The Manitoba Supreme Court appointed a receiver upon an application by an owner of land - The land was the subject of a pending mechanic's lien action - The receiver was appointed for the purpose of receiving the balance of a mortgage loan - The appointment order stated that any advances made by the mortgage lender would have priority over any registered liens affecting the land which priority was contrary to s. 11 of the Mechanics' Lien Act - The Supreme Court of Canada set aside the appointment order because it would have altered statutory priorities.
Cases Noticed:
Boake v. Guild, [1932] O.R. 617, affd. [1934] S.C.R. 10, folld. [para. 4].
Earl F. Wakefield Company v. Oil City Petroleums (Leduc) Ltd. et al., [1958] S.C.R. 361, folld. [para. 4].
Montreal Trust Company et al. v. Churchill Forest Industries (Manitoba) Limited, [1971] 4 W.W.R. 542, refd to. [para. 6].
Winnipeg Supply & Fuel Company Limited v. Genevieve Mortgage Corporation Limited, [1972] 1 W.W.R. 651, folld. [para. 6].
Statutes Noticed:
Mechanics' Lien Act, R.S.M. 1970, c. M-80, sect. 4(1) [para. 8]; sect. 11(1) [para. 4].
Queen's Bench Act, R.S.M. 1970, c. C-280, sect. 59 [para. 4].
Counsel:
K.B. Foster and C.R. MacArthur, for the appellants;
K.G. Houston, for the respondents.
This appeal was heard by the Supreme Court of Canada on May 12, 1975. Judgment was delivered by the Supreme Court of Canada on June 26, 1975.
The judgment of the Supreme Court of Canada was delivered by DICKSON, J.
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R. v. Rose (J.), (1998) 232 N.R. 83 (SCC)
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...refd to. [para. 76]. College Housing Co-operative Ltd. and College Housing Inc. v. Baxter Student Housing Ltd. and Baxter (R.C.) Ltd., [1976] 2 S.C.R. 475; 5 N.R. 515, refd to. [para. 78]. R. v. Keating (1973), 11 C.C.C.(2d) 133 (Ont. C.A.), refd to. [para. 78]. R. v. Daly (1992), 57 O.A.C.......
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