The Mechanics Lien Acts of Ontario Rso 1897 Cap 153 Manitoba 60 Vict

Cover The Mechanics Lien Acts of Ontario Rso 1897 Cap 153 Manitoba 60 Vict
The Mechanics Lien Acts of Ontario Rso 1897 Cap 153 Manitoba 60 Vict
George Smith Holmested
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17 24, supra, pp. 95-123. Under that Act, s. 19, supra, p. 103, a substantial compliance with its requirements is sufficient. Under this Act how- ever it is said that " in order to acquire a right of this very unusual nature the statute must be strictly fol- lowed " : per Begbie, C J. , Haggerty v. Grant, 2 B C. R. 176, and see Wellerv. S/iupe, 6 B. C. R. 58. Non- compliance with the provisions of this section may there- fore invalidate a claim of lien : see Larsen v. Nelson and Fort S. Ry. , 4... B C. R. At p. 152 ; Smith v. Mcintosh, 3 B. C. R. 26, (a decision under the Act of 1888).
See further provisions as to the affidavit in section g, infra, p. 272.
Owing to this Act giving no lien for materials, it is important, and absolutely necessary, to distinguish in the affidavit between what is claimed for materials, and work, respectively, and the omission to do so has in two cases been held fatal to the right of lien : Knott v. Cline, 5 Man. 120 ; Weller v. Shiipe, 6 B. C. R. 58, Registration of the lien under this section is necessary in all cases before action.


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