Fidelity Insurance Co. of Canada et al. v. Cronkhite Supply Ltd. et al.

Fidelity Insurance Co. of Canada et al. v. Cronkhite Supply Ltd. et al.

Applying the control test from Westeel-Rosco, the Workers' Compensation Board is not an agent of the Crown and therefore cannot invoke s.35 of the Interpretation Act; consequently the Mechanics' Lien Act applies and respondents are entitled to claim mechanics' liens against Board-owned lands.

Source-derived case information.

Citation
[1979] 2 SCR 27
Parties
Third Party Appellant: Fidelity Insurance Co. of Canada; Defendant Appellant: Workers' Compensation Board (formerly Workmen's Compensation Board); Defendant Appellant: Imperial Construction (B.C.) Ltd.; Plaintiffs Respondents: Cronkhite Supply Ltd. and others; Plaintiffs: United Association of Journeymen & Apprentices of the Plumbing and Pipe-fitting Industry, Local Union No. 170 and others; Defendant: Sengleson Installations Ltd.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
3 May 1979
Procedural Posture
Appeal — Civil (mechanics' Lien) / Appeal to Supreme Court of Canada — Final Judgment
Outcome
Appeal dismissed.
Legal Topics
Mechanics' Liens, Crown Immunity, Crown Agents, Interpretation Act S.35, Status of Statutory Boards
Source Language
english
Property Law Administrative Law Statutory Interpretation Construction Law Mechanics' Liens Crown Immunity Crown Agents Interpretation Act S.35 +1 more

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Parties

Fidelity Insurance Co. of Canada

Third Party Appellant

Workers' Compensation Board (formerly Workmen's Compensation Board)

Defendant Appellant

Imperial Construction (B.C.) Ltd.

Defendant Appellant

Cronkhite Supply Ltd. and others

Plaintiffs Respondents

United Association of Journeymen & Apprentices of the Plumbing and Pipe-fitting Industry, Local Union No. 170 and others

Plaintiffs

Sengleson Installations Ltd.

Defendant

Procedural Posture

Appeal — Civil (mechanics' Lien) / Appeal to Supreme Court of Canada — Final Judgment

Legal Issues

  1. 1 Whether the Workers' Compensation Board is an agent of the Crown
  2. 2 Whether s.35 of the Interpretation Act shields the Board's lands from the Mechanics' Lien Act
  3. 3 Whether respondents are entitled to register mechanics' liens against Board-owned land

Ratio Decidendi

Applying the control test from Westeel-Rosco, the Workers' Compensation Board is not an agent of the Crown and therefore cannot invoke s.35 of the Interpretation Act; consequently the Mechanics' Lien Act applies and respondents are entitled to claim mechanics' liens against Board-owned lands.

Court Disposition

Appeal dismissed.

Orders

  • Appeal dismissed with costs.
  • Respondents entitled to claim mechanics' liens against lands owned by the Workers' Compensation Board.