Townsend (F.G.) Holdings Ltd. v. Ryan, (1992) 113 N.S.R.(2d) 241 (TD)

• Judge: Roscoe, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: February 21, 1992
• Jurisdiction: Nova Scotia
• Citations: (1992), 113 N.S.R.(2d) 241 (TD)

Townsend Holdings Ltd. v. Ryan (1992), 113 N.S.R.(2d) 241 (TD);

  309 A.P.R. 241

MLB headnote and full text

In The Matter Of: The Mechanics' Lien Act, R.S.N.S. 1989, c. 277.

Between:

F.G. Townsend Holdings Ltd., a body corporate, carrying on under the firm name and style of Magnum Developments (plaintiff) v. P. Carey Ryan and Judith Ann Ryan (Defendants)

And Between:

P. Carey Ryan and Judith Ann Ryan (plaintiffs by counterclaim) v. F.G. Townsend Holdings Ltd., a body corporate, Metro Foundation Specialists Ltd., a body corporate and City of Halifax (defendants by counterclaim) and C.R. Falkenham Backhoe Service Ltd. (third party by counterclaim)

And Between:

City of Halifax, a municipal body corporate (applicant) v. Clayton Developments Ltd, a body corporate (respondent)

(C.H. 70181)

Indexed As: Townsend (F.G.) Holdings Ltd. v. Ryan

Nova Scotia Supreme Court

Trial Division

Roscoe, J.

March 4, 1992.

Summary:

The City of Halifax was added as a de­fendant in a counterclaim in a mechanics' lien action. The city applied to have the action transferred into the Supreme Court.

The Nova Scotia Supreme Court, Trial Division, dismissed the application.

Mechanics' Liens - Topic 8004

Practice - General - Grounds for transfer of action to Supreme Court - The City of Halifax was added as a defendant in a counterclaim in a mechanics' lien action - The city applied to have the action trans­ferred from the County Court to the Supreme Court - The city submitted that the size of the claim placed it outside the County Court's jurisdiction - Also, there was some difficulty in adding another party (Clayton Developments Ltd.) as a defendant to the counterclaim - The Nova Scotia Supreme Court, Trial Division, declined to order the transfer from the County Court - The court noted that the financial limit was not applicable and that Clayton Developments could be added as a third party.

Mechanics' Liens - Topic 8008

Practice - General - Availability of set-off, counterclaim and third party procedure - [See Mechanics' Liens - Topic 8004 ].

Mechanics' Liens - Topic 8800

Costs - General - A city was added as a defendant in a counterclaim in a mechan­ics' lien action - The city wanted to add Clayton Developments as a defendant in the counterclaim but could not do so as long as the action was in the County Court - The city applied to have the action transferred to the Supreme Court - Clayton Developments opposed the transfer - The Nova Scotia Supreme Court, Trial Divi­sion, declined to make the trans­fer because Clayton could be added as a third party in the County Court - The court awarded costs in the matter to Clayton Develop­ments even though it was not a party to the action at that point in time - See para­graphs 9 to 16.

Cases Noticed:

Fuller (Thomas) Construction Ltd. v. Cen­tennial Group of Companies Ltd. and Prince George Hotel Ltd. (1987), 80 N.S.R.(2d) 429; 200 A.P.R. 429, affd. 82 N.S.R.(2d) 73; 207 A.P.R. 73 (C.A.), appld. [para. 6].

Counsel:

Michael S. Ryan, Q.C., for the Ryans;

Stephen J. Kingston, for Clayton Develop­ments Ltd.;

Mary Ellen Donovan, for the City of Hali­fax.

This matter was heard in Halifax, Nova Scotia, on February 21, 1992, by Roscoe, J. of the Nova Scotia Supreme Court, Trial Division, who delivered an oral decision on the same date and filed the following written reasons on March 4, 1992.