Pollett's Electrical Services Ltd. v. Guarantee Co. of North America, (1972) 3 Nfld. & P.E.I.R. 35 (NFSC)

JudgePuddester, J.
CourtSupreme Court of Newfoundland and Labrador (Canada)
Case DateJune 06, 1972
JurisdictionNewfoundland and Labrador
Citations(1972), 3 Nfld. & P.E.I.R. 35 (NFSC)

Pollett's Elect. v. Guar. Co. (1972), 3 Nfld. & P.E.I.R. 35 (NFSC)

MLB headnote and full text

Pollett's Electrical Services Limited v. The Guarantee Company of North America

Indexed As: Pollett's Electrical Services Ltd. v. Guarantee Co. of North America

Newfoundland Supreme Court

At Trial

Puddester, J.

June 6, 1972.

Summary:

The trial court allowed the action and awarded the plaintiff $14,722.49 in accordance with a bond given to the plaintiff by the defendant. The plaintiff filed a lien against an asphalt plant owned by a construction company. The plant was removable, but it was set on sills embedded in the ground. The construction company needed to move the plant but could not because of the lien. In order to obtain release of the plant, the defendant gave a bond to the plaintiff to secure the amount of the lien plus costs on the condition that the lien was valid. The lien was discharged and the plant moved, but the plaintiff was never paid.

The trial court held that the plant was a "building or erection" within the meaning of Sections 4 and 5 of the Mechanic's Lien Act and that the lien could therefore attach to it. The trial court stated that the plant was not a chattel merely because it was removable.

The trial court held that since the lien was valid, the bond given as security for the lien obligated the defendant to pay the amount secured.

Mechanics' Liens - Topic 254

Lienable interest - Improvements, buildings, etc. - What constitutes an "erection" - Property to which liens attachable - Removable asphalt plant set on sills embedded in ground - Whether plant an "erection" within sections 4 and 5 of Mechanic's Lien Act - Newfoundland Supreme Court held plant a building or erection within the statute and subject to lien.

Cases Noticed:

Galvin v. Ensor, 65 D.L.R. 686, appld.

Polson v. Thompson (1916), 29 D.L.R. 395, appld.

Statutes Noticed:

Mechanic's Lien Act, R.S. Nfld. 1952, c. 263, sect. 4, sect. 5(1), sect. 31(1).

Counsel:

Alan W. Carter, for plaintiff;

D. Paul Althouse, for the defendant.

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