Entreprises Croussette ltée v. St-Onge, (1983) 50 N.B.R.(2d) 414 (TD)

• Judge: Daigle, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: June 13, 1983
• Jurisdiction: New Brunswick
• Citations: (1983), 50 N.B.R.(2d) 414 (TD)

Ent. Croussette ltée v. St-Onge (1983), 50 N.B.R.(2d) 414 (TD);

    50 R.N.-B.(2e) 414; 131 A.P.R. 414

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Entreprises Croussette Ltée v. St-Onge

(C/C/32/82)

Indexed As: Entreprises Croussette ltée v. St-Onge

Répertorié: Entreprises Croussette ltée v. St-Onge

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Campbellton

Daigle, J.

November 4, 1983.

Summary:

Résumé:

The plaintiff company brought a mechanics' lien action against the defendant owner of land, upon which the plaintiff allegedly did work and furnished materials. The defendant counterclaimed for the cost of completion of the work and also claimed that the contract was not done with the plaintiff but with its owner personally.

The New Brunswick Court of Queen's Bench, Trial Division, allowed the plaintiff's action and held that the plaintiff company had a valid mechanics' lien on the defendant's land. The court dismissed the defendant's counterclaim.

Company Law - Topic 4753

Contracts by companies - When and how company bound - Whether contract made by company - An estimate for work and materials was signed by the plaintiff company's owner - The corporate name was not shown on the estimate but the corporate seal was affixed - One of two cheques paid for the work done was made payable to the plaintiff company, and both were deposited into the company's account - Signs bearing the company's name were placed in all areas of the village where the company was carrying out work - The New Brunswick Court of Queen's Bench, Trial Division, held that the owner acted as the company's agent and not personally, and that the company was the contracting party - See paragraph 11.

Mechanics' Liens - Topic 2303

Lienable claims - Claim for interest on lien claim - The plaintiff company held a valid mechanics' lien on the defendant's property - The New Brunswick Court of Queen's Bench, Trial Division, awarded 12% interest on the amount of the lien - See paragraph 15.

Mechanics' Liens - Topic 8061

Practice - Pleadings - Defence - Set-off - The New Brunswick Court of Queen's Bench, Trial Division, applied the principle that a set-off could be tried in a mechanics' lien action - See paragraph 2.

Cases Noticed:

Atlantic Paving Co. v. Cameron, [1955] 2 D.L.R. 731, appld. [para. 2].

J.L. Simms & Sons v. Vigneron (1978), 19 N.B.R.(2d) 426; 30 A.P.R. 426, appld. [para. 2].

Lanier Construction Ltée v. Noel and Noel (1982), 44 N.B.R.(2d) 513; 116 A.P.R. 513, appld. [para. 2].

Jardine Renovations Ltd. v. Holland (1976), 13 N.B.R.(2d) 343; 13 A.P.R. 343, appld. [para. 11].

Murdoch Lingley Ltd. v. Growthers (1978), 22 N.B.R.(2d) 140; 39 A.P.R. 140, appld. [para. 11].

Fundy Paving Ltd. v. Franklin (1981), 32 N.B.R.(2d) 299; 78 A.P.R. 299, appld. [para. 11].

A.L. Gullison & Sons Ltd. v. Corey (1980), 29 N.B.R.(2d) 86; 66 A.P.R. 86, appld. [para. 15].

Counsel:

Lise Deschênes, for the plaintiff;

Bernard Valcourt, for the defendant.

This action was heard before Daigle, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Campbellton, on June 13, 1983. The decision of Daigle, J., was delivered on November 4, 1983: