Ontario Reports Volume 33

Ontario Reports Volume 33

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: ... of sec. 49; and the appeal should, accordingly, in my opinion, be dismissed with costs. Honours, J.A.: ----'l'he only objection on which judgment W88 reserved was that, the action having been begun after the lien had expired, there was nothing on which to found jurisdiction to Pronounce a personal judgment. The n1echanic's lien wafl registered on the 17th July, 1914, and in it the date of the last SUPPLY Of mfltelial Was given as the 18th June, 1914. Action to enforce the lien, under sec. 24 of the Mechanics and Wage Earncrs Lien Act, R.S.O.. 1914, ch. 140, should therefore have been begun before the 16th September, 1914. It was not commenced, however, until the Sth October, 1914. Sl'i11 49 Provides that where a claimant fails to establiflh a valid lien he may nevertheless recover a personal judgment against any party to the action for such sum as may appear due to him and which he might recover in an action against such party, The Oflicial Referee before whom the action was tried held that there was no valid lien--an issue expressly raised in the pleadings--and gave judgment for the amount found by him to be due by the appellant to the respondent. The Act gives a lien upon the lands of an owner, limited Hodcentsins, J.A. except in certain cases to the amount justly due by the owner to the contractor, which was the relatiousliip of the parties to this action. The lien in this ease was registered apparently within the time limited by sec. 22. Under sec. 31, actions to realise all liens must be brought in the Supreme Court of Ontario, and the procedure and mode of trial is therein prescribed. Power is vested in certain officers to exercise the jurisdiction of the Supreme Court in trying and disposing of these actions: Smeeton Vshow more

Product details

  • Paperback | 258 pages
  • 189 x 246 x 14mm | 467g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236756762
  • 9781236756763