IN THE SUPREME COURT OF NOVA SCOTIA
Citation: Four Seasons Roofing Ltd. v. Lavigne, 2006 NSSC 402
Date: 20061206
Docket: S.H. 266185
Registry: Halifax
Between: Four Seasons Roofing Limited, a body corporate
Plaintiff
v.
Glen Lavigne
Defendant
LIBRARY HEADING
Judge: The Honourable Justice A. David MacAdam
Heard: December 6, 2006, in Halifax, Nova Scotia
Oral
Decision: December 6, 2006
Written
Decision: January 31, 2007
Subject: Builders’ Lien Act - Lien on wrong lands - S. 21, Curative provisions
Summary: The plaintiff filed a Claim for Lien in which the lands described were not the lands on which the goods were supplied and the work performed. After the expiration of the statutory period for filing a Claim for Lien, an Amended Claim for Lien was filed,containing the correct description.
Issue: At issue is whether the curative provisions of Section 21(1) of the Builders’ Lien Act were applicable in that there was substantial compliance so as to maintain the validity of the Claim for Lien.
Result: The lien was not valid in that Section 21(2) of the Builders’ Lien Act specifically provided that nothing in sub-section (1) was to be construed as dispensing with the registration required by the Act. One of the registration requirements, pursuant to Section 19(1) of the Act, was that the Lien was to state a description of the land or property to be charged. This was not a circumstance where there was a “mis-description” in that the lands charged contained , but described a larger tract than the land on which the work had been performed, such as in Empire Excavators Ltd. v. T.A.G. Developments Ltd., 1998 Carswell NS 162 where Justice Hood held there was substantial compliance and therefore Section 21(1) was applicable.
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