Board of Trustees Rocky Mountain School Div. No. 15 v. Atlas Lumber Co.

Board of Trustees Rocky Mountain School Div. No. 15 v. Atlas Lumber Co.

The Court held as a matter of fact and law that the November 22, 1949 supplies were ordered and charged to the School Division after the contractor's death under a separate arrangement with the owner, not under Matatall's contract; therefore the supplies could not be tacked to earlier deliveries to extend the statutory period for filing a mechanics' lien and the respondent's lien in respect of earlier deliveries had expired before registration; appeal allowed and trial judgment restored.

Citation
[1954] SCR 589
Parties
Appellant / Defendant: Board of Trustees of Rocky Mountain School Division No. 15; Respondent / Plaintiff: Atlas Lumber Company Limited
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
5 October 1954
Procedural Posture
Mechanics' Lien Appeal / On Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Alberta
Outcome
Appeal allowed; judgment of the Appellate Division of Alberta set aside; judgment of the trial judge restored.
Legal Topics
Tacking of Contracts, Statutory Time Limits for Lien Registration, Abandonment of Contract, Privity of Contract, Owner Ordered Materials
Source Language
English
Mechanics' Liens Construction Law Property Law Contract Law Civil Procedure Tacking of Contracts Statutory Time Limits for Lien Registration Abandonment of Contract +2 more

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Parties

Board of Trustees of Rocky Mountain School Division No. 15

Appellant / Defendant

Atlas Lumber Company Limited

Respondent / Plaintiff

Procedural Posture

Mechanics' Lien Appeal / On Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Alberta

Legal Issues

  1. 1 Whether materials supplied after contractor's death could be tacked to earlier supplies to preserve a lien under the original contract
  2. 2 Whether the November 22, 1949 delivery was made under Matatall's contract or under a separate arrangement with the School Division
  3. 3 Whether the respondent's lien was registered within the statutory period (s.24) and thus survived

Ratio Decidendi

The Court held as a matter of fact and law that the November 22, 1949 supplies were ordered and charged to the School Division after the contractor's death under a separate arrangement with the owner, not under Matatall's contract; therefore the supplies could not be tacked to earlier deliveries to extend the statutory period for filing a mechanics' lien and the respondent's lien in respect of earlier deliveries had expired before registration; appeal allowed and trial judgment restored.

Court Disposition

Appeal allowed; judgment of the Appellate Division of Alberta set aside; judgment of the trial judge restored.

Orders

  • Judgment restored in favour of appellant; respondent's claim to a lien dismissed
  • Costs awarded to appellant throughout