Digest: Clavet Property Estates Ltd. v K & K Land Management Ltd., 2018 SKQB 161

Date:May 18, 2018
 
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Reported as: 2018 SKQB 161

Docket Number: QBG 555/18 JCS , QB17548

Court: Court of Queen's Bench

Date: 2018-05-18

Judges:

  • Currie

Subjects:

  • Statutes � Interpretation � Builders� Lien Act, Section 64

Digest: The applicants applied for an order directing the discharge of 61 builders� liens registered by the respondents against title to lands held by the applicants because the liens were the same as previous liens registered and then discharged by the respondents in 2017. The applicants submitted that the respondents were therefore prohibited from reviving the 2017 liens under s. 64(1) of The Builders� Lien Act. The respondents argued that s. 64 was not applicable because by virtue of the reference to s. 50 in that section, s. 64 applies only if the previously discharged lien was valid. The respondents claimed that their 2017 liens were not valid and therefore were not the same as the 2018 liens. In an affidavit filed in support of their position, the affiant deposed that the 2017 liens contained provision for a contractual obligation that was not properly the subject of a builders� lien and thus they were invalid in their entirety....

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