D. Bronwhyn Simmons

Associate | Calgary


Portrait of Bronwhyn Simmons

How long is too long? The dismissal for delay test under Alberta’s Builders’ Lien Act

1361556 Alberta Ltd v Ristorante Cosa Nostra Inc, 2021 ABQB 157 In 1361556 Alberta Ltd v Ristorante Cosa Nostra Inc, 2021 ABQB 157 [Cosa Nostra], the Court of Queen’s Bench of Alberta addressed the test for dismissal for delay under...


Further Builders’ Lien Act amendments passed, will become law

Miller Thomson LLP has written several articles over the past year in which we discussed the major changes coming to Alberta’s Builders’ Lien Act (the “Act”) under Bill 37 and newly enacted Bill 62, the latter of which received Royal...


Updates to Bill 37: Builders’ Lien (Prompt Payment) Amendment Act, 2020

On April 8, 2021, the Government of Alberta introduced Bill 62, Red Tape Reduction Implementation Act. The Bill passed its first reading the same day. If Bill 62 receives royal assent, it will bring further changes to the Builders’ Lien...


When does the limitations clock begin to run in construction disputes?: Infiniti Homes Ltd v Gagnon, 2020 ABQB 691

Construction disputes often drag out far longer than anticipated by the parties. In the normal course of a construction dispute, a Statement of Claim must be filed within six to eight months of the dispute arising because lien claims are...


The Consequences of Faulty Workmanship may not be Excluded from Insurance Coverage: Condominium Corporation No. 9312374 v Aviva Insurance Company of Canada, 2020 ABCA 166

The Alberta Court of Appeal recently considered whether the cost to correct structural damage caused by a contractor was covered by a multi-peril insurance policy that excluded coverage for faulty workmanship. In Condominium Corporation No. 9312374 v Aviva Insurance Company...


Owners’ set-off rights against Part B of the lien fund are contractual, not equitable

Recently the Alberta Court of Queen’s Bench clarified that contractual set-off is available to an owner as against Part B of a lien fund even if the set-off amounts are unrelated to work performed by subcontractors that have registered liens,...