Archibald v. Maher and Cook

Archibald v. Maher and Cook

The architect's privilege is not exempt from registration during progress of work and takes effect only from registration; because the appellant registered his claim after the respondent's deed was registered and the work had been abandoned (so no 30‑day completion trigger arose), the architect's late registration could not take priority over the respondent's registered title and the appeal must be dismissed.

Citation
(1921) 61 SCR 465
Parties
Appellant/plaintiff: John S. Archibald; Defendant: James H. Maher; Respondent (mis En Cause): George W. Cook
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
1 February 1921
Procedural Posture
Appeal From Court of King's Bench (quebec) to Supreme Court of Canada / Decision on Appeal (final Judgment)
Outcome
Appeal dismissed with costs; judgment of the Court of King's Bench affirmed.
Legal Topics
Architect's Privilege, Registration Requirement for Real Rights, Priority of Third‑party Purchaser, Abandonment of Construction and Effect on Lien
Source Language
English
Priorities and Hypothecs Property Law Registry/registration of Real Rights Civil Procedure Architect's Privilege Registration Requirement for Real Rights Priority of Third‑party Purchaser Abandonment of Construction and Effect on Lien

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Parties

John S. Archibald

Appellant/plaintiff

James H. Maher

Defendant

George W. Cook

Respondent (mis En Cause)

Procedural Posture

Appeal From Court of King's Bench (quebec) to Supreme Court of Canada / Decision on Appeal (final Judgment)

Legal Issues

  1. 1 Whether an architect's privilege exists and is effective against third‑party purchasers when registration occurs after sale registration
  2. 2 Whether the architect was entitled to a 30‑day registration delay when building work was abandoned before completion
  3. 3 Whether certain classes (labourer, workman, builder) are exempt from registration during progress and whether the architect was so exempt

Ratio Decidendi

The architect's privilege is not exempt from registration during progress of work and takes effect only from registration; because the appellant registered his claim after the respondent's deed was registered and the work had been abandoned (so no 30‑day completion trigger arose), the architect's late registration could not take priority over the respondent's registered title and the appeal must be dismissed.

Court Disposition

Appeal dismissed with costs; judgment of the Court of King's Bench affirmed.

Orders

  • Appeal dismissed with costs.
  • Judgment of the Court of King's Bench (Q.R. 29 K.B. 364) affirmed.