Dominion Bridge Co. v. Janin Construction Ltd. et al., (1973) 3 Nfld. & P.E.I.R. 418 (NFCA)

• Judge: Puddester, Higgins and Mifflin, JJ.
• Court: Court of Appeal (Newfoundland)
• Case Date: October 20, 1972
• Jurisdiction: Newfoundland and Labrador
• Citations: (1973), 3 Nfld. & P.E.I.R. 418 (NFCA)

Dom. Bridge v. Janin Const. (1973), 3 Nfld. & P.E.I.R. 418 (NFCA)

MLB headnote and full text

Dominion Bridge Company, Limited v. Janin Construction Limited and Churchill Falls (Labrador) Corporation Limited

Indexed As: Dominion Bridge Co. v. Janin Construction Ltd. et al.

Newfoundland Supreme Court

On Appeal

Puddester, Higgins and Mifflin, JJ.

January 3, 1973.

Summary:

This appeal of an interlocutory matter arose during a mechanics' lien action commenced by the plaintiff sub-contractor against the contractor and the owner of land for materials supplied and labour performed on a construction project. Following the filing of a security bond by the contractor, the owner made an application to the Supreme Court for an order striking out the owner as a defendant because the land was freed from encumbrance by the bond. Furlong, C.J., dismissed the application, by order dated October 20, 1972, set out below following the judgment of the appeal court. The owner appealed. The appeal court dismissed the appeal in the judgment set out below.

The appeal court held that in an action under the Mechanics' Lien Act the owner must be a party. The appeal court stated that the Mechanics' Lien Act did not provide that an owner was discharged by the filing of security. Further, the owner did not show that it would be prejudiced by remaining as a defendant.

Mechanics' Liens - Topic 8244

Practice - Filing of security or lien bond - Parties - Effect of filing security bond - Effect of, whether owner released - Lien vacated upon filing of security bond by contractor - Application by owner to be struck out as a defendant because the land was freed from encumbrance - The Newfoundland Court of Appeal dismissed application.

Statutes Noticed:

Mechanics' Lien Act, R.S. Nfld. 1952, c. 263, sect. 30(7).

Counsel:

John W. Mahoney, Q.C., for the defendant-appellant, Churchill Falls (Labrador) Corporation Limited;

Gerald F. O'Brien, for the plaintiff-respondent, Dominion Bridge Company Limited;

F.J. Ryan, Q.C., for the defendant-respondent, Janin Construction Limited.

The judgment of the court was delivered by Mifflin, J.