Does a Builders Lien Apply To A Lease Of Airport Lands?

more+
less-

interjurisdictional immunity, leasehold interest, aeronautics, lien, federal

The BC Court of Appeal held that the Act did not apply to the leasehold interest of the Vancouver International Airport Authority. The Court drew the constitutional boundary based upon the purpose of the lease from the Federal Crown. This may raise questions relating to the enforcement of provincial lien statutes against sub-leases of federal lands or from federally regulated institutions.

The Builders Lien Act of BC says that any agreement that provides that the Act is not to apply is void.

The Court reviewed the extent of the federal power over aviation. It acknowledged that anything which is an "integral and vital part of aeronautics and aerial navigation" falls within that power and that airports are integral to aviation.

The Court's decision raises interesting questions for sub-leases of federal land or from federally regulated institutions.

LOADING PDF: If there are any problems, click here to download the file.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Thomas Heintzman, Arbitration Place | Attorney Advertising

Written by:

more+
less-

Arbitration Place on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×