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Ponoka-Calmar Oils v Wakefield : ウィキペディア英語版
Ponoka-Calmar Oils v Wakefield

''Ponoka-Calmar Oils v Wakefield'' is notable for being the last ruling rendered by the Judicial Committee of the Privy Council with respect to an appeal from the courts of Canada. The central issue concerned the construction of statutes relating to mechanic's liens and how they attach to land and the oil and gas severed from it, which issue had generated conflicting rulings in the Canadian courts.
==Background==

Earl F. Wakefield Company had entered into an arrangement with Harding and McMullen and commenced drilling an oil well before 10 September 1949. On 19 September, Harding and McMullen incorporated Oil City Petroleums (Leduc) Ltd., which entered into a formal contract with Wakefield on the matter. On 24 September, Oil City entered into an agreement with other companies (including the assignee of the oil lease in the property) and H. and M., therein described as "agents", wherein it was recited that the latter "have assisted in arranging for the drilling of the said wells" and Oil City covenanted to "commence to drill or cause to be commenced to be drilled" the well which had in fact been commenced by the plaintiff. Drilling was suspended on 23 September by Wakefield because of non-payment by Oil City, and Wakefield registered mechanic's liens in October 1949 and commenced actions within the time limit prescribed.
About three months after the cessation of work, arrangements were made with others under which the well was completed and brought into production. In June 1950, a receiver was appointed to sell the oil won, and, subject to stated deductions, to deposit the proceeds in a special trust account to the credit of the action. The plaintiff's action did not come to trial until more than six years had elapsed from the registration of the lien, and no renewal statement had been filed as required by what was then s. 29(7) of ''The Mechanics' Lien Act'' of Alberta.〔''The Mechanics' Lien Act'', RSA 1942, c. 236, having become RSA 1955, c, 197 at the time of the SCC ruling, subsequently replaced by ''The Mechanics Lien Act, 1960'', SA 1960, c. 64, which itself was replaced by the current (''Builders' Lien Act'', RSA 2000, c. B-7 )〕

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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