Molner v. Stanolind Oil & Gas Co. et al.

Molner v. Stanolind Oil & Gas Co. et al.

The buildings (houses, garages, bath house) were improvements and not property consisting of a mine, a well, or preparatory work within s.48(1); therefore s.48 did not require registration with the Minister. Pursuant to Union Drilling and s.19 (with s.21's curative effect), the liens could properly be registered with the Land Titles Registrar even though the lands were unpatented. The appellant's contention that only the Minister-registered lien was valid was rejected.

Citation
[1959] SCR 592
Parties
Appellant/plaintiff: M. Molner; Respondent/defendant: Stanolind Oil & Gas Company; Respondent/defendant: Rempel Construction Limited; Respondent/defendant: Crown Lumber Co. Ltd.; Respondent/defendant: Imperial Lumber Co. Ltd.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
28 April 1959
Procedural Posture
Appeal Concerning Registration of Mechanics' Liens / Supreme Court of Canada Decision on Appeal From Supreme Court of Alberta, Appellate Division
Outcome
Appeal dismissed with costs.
Legal Topics
Registration of Liens, Interpretation of Mechanics' Lien Act, Crown Mineral Leases, Appurtenances, Priority and Hypothecs
Source Language
English
Property Law Mechanics' Liens Mines and Minerals Law Land Titles Registration of Liens Interpretation of Mechanics' Lien Act Crown Mineral Leases Appurtenances +1 more

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Parties

M. Molner

Appellant/plaintiff

Stanolind Oil & Gas Company

Respondent/defendant

Rempel Construction Limited

Respondent/defendant

Crown Lumber Co. Ltd.

Respondent/defendant

Imperial Lumber Co. Ltd.

Respondent/defendant

Procedural Posture

Appeal Concerning Registration of Mechanics' Liens / Supreme Court of Canada Decision on Appeal From Supreme Court of Alberta, Appellate Division

Legal Issues

  1. 1 Whether mechanics' liens on buildings erected on unpatented Crown lands must be registered with the Minister of Mines and Minerals under s.48 of The Mechanics' Lien Act or may be registered with the Land Titles Registrar under s.19
  2. 2 Whether the buildings in question are 'appurtenances' to oil wells such that s.48 applies
  3. 3 Whether s.6(4) restricts the liens to minerals and prevents attachment to the surface improvements

Ratio Decidendi

The buildings (houses, garages, bath house) were improvements and not property consisting of a mine, a well, or preparatory work within s.48(1); therefore s.48 did not require registration with the Minister. Pursuant to Union Drilling and s.19 (with s.21's curative effect), the liens could properly be registered with the Land Titles Registrar even though the lands were unpatented. The appellant's contention that only the Minister-registered lien was valid was rejected.

Court Disposition

Appeal dismissed with costs.

Orders

  • The claims for lien ought properly to have been filed with the Registrar in the Land Titles Office of the North Alberta Land Registration District.
  • Respondents Crown Lumber Co. Ltd. and Imperial Lumber Co. Ltd. entitled to their costs in this Court against the appellant.