Day v. Crown Grain Co.

Day v. Crown Grain Co.

Majority held that the 30‑day registration period under the Mechanics' and Wage Earners' Lien Act did not commence until the contractor had performed so as to be able to sue for the full contract price; on the facts the work was not complete on April 19–20, 1904, the lien was registered in time, and the appeal was allowed restoring the trial judge's decision awarding the lien.

Citation
(1907) 39 SCR 258
Parties
Appellant / Plaintiff: Henry L. Day; Respondent / Defendant: The Crown Grain Company; Respondent / Defendant: W. S. Cleveland
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
24 June 1907
Procedural Posture
Mechanics' Lien Action (appeal) / Appeal to the Supreme Court of Canada From the Court of King's Bench for Manitoba
Outcome
Appeal allowed; judgment of trial judge restored in favour of appellant
Legal Topics
Time for Filing Claim, Completion of Contract, Right of Appeal, Registration Deadlines
Source Language
English
Mechanics' Lien Property Statutory Interpretation Civil Procedure Time for Filing Claim Completion of Contract Right of Appeal Registration Deadlines

Case Brief

Summary, issues, holding and outcome

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Parties

Henry L. Day

Appellant / Plaintiff

The Crown Grain Company

Respondent / Defendant

W. S. Cleveland

Respondent / Defendant

Procedural Posture

Mechanics' Lien Action (appeal) / Appeal to the Supreme Court of Canada From the Court of King's Bench for Manitoba

Legal Issues

  1. 1 Whether the statutory 30‑day period for registration of a mechanics' lien begins when contractor could maintain an action for the full amount
  2. 2 Whether the lien was registered within the statutory period
  3. 3 Whether s.36 of the Act barred the right of appeal

Ratio Decidendi

Majority held that the 30‑day registration period under the Mechanics' and Wage Earners' Lien Act did not commence until the contractor had performed so as to be able to sue for the full contract price; on the facts the work was not complete on April 19–20, 1904, the lien was registered in time, and the appeal was allowed restoring the trial judge's decision awarding the lien.

Court Disposition

Appeal allowed; judgment of trial judge restored in favour of appellant

Orders

  • Appeal allowed with costs
  • Judgment of the trial judge restored awarding the lien to the appellant