Dominion Bridge Co. v. Janin Construction Ltd. et al., (1972) 3 Nfld. & P.E.I.R. 413 (NFSC)

• Judge: Mifflin, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: September 15, 1972
• Jurisdiction: Newfoundland and Labrador
• Citations: (1972), 3 Nfld. & P.E.I.R. 413 (NFSC)

Dom. Bridge v. Janin Const. (1972), 3 Nfld. & P.E.I.R. 413 (NFSC)

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

In Chambers

Mifflin, J.

September 15, 1972.

Summary:

This interlocutory application 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. The defendant contractor made an application by way of summons to the Supreme Court for an order setting aside the writ of summons on the ground that the contractor and the plaintiff agreed to a Quebec domicile and to submit all suits to the courts of Quebec. The Supreme Court dismissed the interlocutory application in the judgment set out below.

The Supreme Court stated that the contract did not oust the jurisdiction of the Newfoundland Supreme Court, since only the Newfoundland Supreme Court had jurisdiction over mechanics' lien actions and land in Newfoundland.

Mechanics' Liens - Topic 164

General principles and definitions - Conflict of laws - Effect of agreements respecting jurisdiction of the courts - Parties - Mechanics' lien action by sub-contractor against contractor and owner - Application by contractor to have the writ of summons set aside on ground that contractor and sub-contractor agreed to submit all suits to the courts of another jurisdiction - Newfoundland Supreme Court dismissed the application on the ground that the Supreme Court of Newfoundland was the only court which had jurisdiction over mechanics' lien actions and land in Newfoundland.

Statutes Noticed:

Mechanics' Lien Act, R.S. Nfld. 1952, c. 263, sect. 4.

Counsel:

Gerald F. O'Brien, for the plaintiff;

Ernest G. Reid, for the defendant, Janin Construction Limited;

D. Paul Althouse, for the defendant, Churchill Falls (Labrador) Corporation Limited.