Continental Roofing Ltd. v. Bencore Developments Inc., Coridale Developments Ltd. and Credit Foncier Trust Co., (1984) 4 O.A.C. 119 (DC)

• Judge: Southey, Saunders and Hollingworth, JJ.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: May 08, 1984
• Jurisdiction: Ontario
• Citations: (1984), 4 O.A.C. 119 (DC)

Continental Roofing v. Bencore Dev. (1984), 4 O.A.C. 119 (DC)

MLB headnote and full text

Continental Roofing Limited v. Bencore Developments Inc., Coridale Developments Ltd. and Credit Foncier Trust Company

No. 1339/81

Indexed As: Continental Roofing Ltd. v. Bencore Developments Inc., Coridale Developments Ltd. and Credit Foncier Trust Co.

Ontario Divisional Court

Southey, Saunders and Hollingworth, JJ.

May 23, 1984.

Summary:

A trial judge held that a lien claimant lost its lien rights because its claim for lien was not registered in sufficient time. The lien claimant appealed. The issue on appeal was whether the contract was substantially completed within the meaning of s. 1(3) of the Mechanics' Lien Act.

The Ontario Divisional Court dismissed the appeal.

Mechanics' Liens - Topic 5019

Obtaining a lien - Claim for lien - Registration or filing - Time for - Substantial completion - The Ontario Divisional Court held that a contract was substantially completed within s. 1(3) of the Mechanics' Lien Act when the roof was completed, all that remained to be done was the application of flashing, scuppers and down pipes, and the work to be completed would cost no more than 3% of the contract price.

Statutes Noticed:

Mechanics' Lien Act, R.S.O. 1980, c. 261, sect. 1(3) [paras. 2-4, 10-11].

Counsel:

T.F. Baxter, for the appellant;

R.E. Hutton, for the respondent.

This appeal was heard before Southey, Saunders and Hollingworth, JJ., of the Ontario Divisional Court on May 8, 1984. The decision of the Divisional Court was delivered orally by Southey, J., and released on May 23, 1984.