Dominion Lumber Winnipeg Ltd. v. Cyr et al., (1979) 4 Man.R.(2d) 176 (CoCt)

• Court: Provincial Court of Manitoba (Canada)
• Case Date: October 10, 1979
• Jurisdiction: Manitoba
• Citations: (1979), 4 Man.R.(2d) 176 (CoCt)

Dominion Lumber v. Cyr (1979), 4 Man.R.(2d) 176 (CoCt)

MLB headnote and full text

Dominion Lumber Winnipeg Limited v. Cyr and Cyr (defendants) and Hiebert Concrete Limited and Customs Insulating Systems Limited (lienholders)

Indexed As: Dominion Lumber Winnipeg Ltd. v. Cyr et al.

Manitoba County Court

Dureault, C.C.J.

October 10, 1979.

Summary:

This headnote contains no summary.

Liens - Topic 4005

Obtaining a lien - General - What constitutes "contract in writing" - The Manitoba County Court held that the registration of a series of delivery slips and invoices did not constitute a contract in writing within s. 11 of the Builders and Workers Act, R.S.M. 1970, c. B-90, but each delivery constituted a separate transaction and as such the subject of a separate registration of lien - See paragraph 8.

Liens - Topic 4068

Obtaining a lien - Registration or filing of claim for lien - Materials - Time for filing - The Manitoba County Court held that s. 11 of the Builders and Workers Act, R.S.M. 1970, c. B-90, permits a claim for lien to be registered before or during the execution of a contract - The County Court ordered the claimant's lien vacated because the registration of the lien claim took place eight months following the last delivery - See paragraphs 11 to 12.

Words and Phrases

Contract in writing - The Manitoba County Court discussed what constitutes a "contract in writing" for the purposes of the Builders and Workers Act, R.S.M. 1970, c. B-90 - See paragraphs 4 to 8.

Cases Noticed:

Chadwick v. Hunter (1884), 1 Man.R. 39 [para. 8].

Statutes Noticed:

Builders and Workers Act, R.S.M. 1970, c. B-90, sect. 11 [para. 4].

Mechanics' Lien Act, R.S.M. 1970, c. M-80, sect. 20(1) [para. 11].

Authors and Works Noticed:

Canadian Encyclopedic Digest (Western), vol. 5A (Contracts) 32-193 [para. 7].

Macklem and Bristow, Mechanics' Liens in Canada (3rd Ed.), p. 80 [para. 8].

Counsel:

Sladen Adleman, for the plaintiff;

Hugh Adams, for the defendants;

Bernard Rodrigue, for lienholder, Hiebert Concrete Limited;

John Deacon, for lienholder, Customs Insulating Systems Limited.

This case was heard before DUREAULT, C.C.J., of the Manitoba County Court.

The decision of DUREAULT, C.C.J., was delivered on October 10, 1979.