Weiss v. Silverman and Zudick

Weiss v. Silverman and Zudick

The renunciation signed by Silverman was an absolute and unqualified remission that extinguished his builder's privilege as to his own interest; failure to enforce a registered privilege within the one-year statutory period under art.2013b C.C. likewise extinguishes it; registration after renunciation cannot revive rights the transferor no longer possessed. However, because the transferees (mis-en-cause) were not given notice of the appellant's appeals, their rights under the provincial judgments could not be disturbed by this Court, so relief was granted only against Silverman's remaining interest.

Citation
(1919) 58 SCR 363
Parties
Appellant / Plaintiff (mortgagee): Adolph Weiss; Respondent / Defendant (builder): Nathan L. Silverman; Transferees / Mis En Cause: G. Zudick and Others (mis-en-cause)
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
4 February 1919
Procedural Posture
Civil Appeal / On Appeal to the Supreme Court of Canada From the Court of King's Bench (quebec), Following Superior Court Judgment
Outcome
Appeal allowed in part. Judgment of the Court of King's Bench reversed insofar as it affected respondent Silverman's interest; appeal not allowed to disturb rights of registered transferees/mis-en-cause absent notice.
Legal Topics
Builder's Lien, Renunciation of Privilege, Registration Delay, Res Judicata, Notice to Transferees, Priority of Transfers
Source Language
English
Property Law Civil Procedure Registration Law Security Interests Contract Law Builder's Lien Renunciation of Privilege Registration Delay +3 more

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Parties

Adolph Weiss

Appellant / Plaintiff (mortgagee)

Nathan L. Silverman

Respondent / Defendant (builder)

G. Zudick and Others (mis-en-cause)

Transferees / Mis En Cause

Procedural Posture

Civil Appeal / On Appeal to the Supreme Court of Canada From the Court of King's Bench (quebec), Following Superior Court Judgment

Legal Issues

  1. 1 Whether an unregistered but existent builder's privilege can be renounced and thereby extinguished prior to registration
  2. 2 Whether failure to bring suit within one year of registration under art.2013b C.C. extinguishes a registered privilege
  3. 3 Whether subsequent registration can revive a privilege extinguished by renunciation

Ratio Decidendi

The renunciation signed by Silverman was an absolute and unqualified remission that extinguished his builder's privilege as to his own interest; failure to enforce a registered privilege within the one-year statutory period under art.2013b C.C. likewise extinguishes it; registration after renunciation cannot revive rights the transferor no longer possessed. However, because the transferees (mis-en-cause) were not given notice of the appellant's appeals, their rights under the provincial judgments could not be disturbed by this Court, so relief was granted only against Silverman's remaining interest.

Court Disposition

Appeal allowed in part. Judgment of the Court of King's Bench reversed insofar as it affected respondent Silverman's interest; appeal not allowed to disturb rights of registered transferees/mis-en-cause absent notice.

Orders

  • Appeal allowed in part with costs to appellant against respondent Silverman
  • Respondent Silverman's claim extinguished as to his interest (reduction to remainder $665.78)