In what circumstances will a lien be enforceable against a whole waterworks and sewer system?
Saskatchewan, Canada
The following excerpt is from Anthes Imperial Limited v. Earl Grey (Village), 1969 CanLII 596 (SK QB):
And counsel tries to distinguish the instant case from Lee v. Broley on the ground that we are here dealing with an attempt to enforce a lien against a part of a whole waterworks and sewer system which has been created for the benefit of the residents of the defendant village. It is his contention that whether or not property is subject to a lien depends upon its use; that public policy or public interest is the deciding factor; and the railway cases in any event provide a closer analogy than where a complete entity, such as a school or hospital, are sought to be attached.
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