The appellant lien claimant began work on the subject land before the respondent bank took a collateral mortgage on the property to secure past advances.
The bank registered its mortgage prior to the appellant registering its claim for lien.
The Supreme Court of Canada held that the unregistered lien did not have priority over the subsequently given but prior registered mortgage.
The Court found that section 14(1) of The Mechanics' Lien Act did not apply to give the lien claimant priority, and under The Registry Act, priority is determined by the order of registration.
