Khurrum Awan

Partner | Regina

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Can cash paid into Court be substituted with lien bond after project completion: Alberta Court of Appeal clarifies

In Tempo Alberta Electrical Contractors Co. Ltd. v. Man-Shield (Alta) Construction Inc., 2022 ABCA 409, the Alberta Court of Appeal clarified that, based on a collective reading of section 48 and section 22 of the Builders’ Lien Act (Alberta) (now...

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Saskatchewan Court of Appeal rules that multiple proceedings are permitted in many circumstances

Overview Saskatchewan’s Court of Appeal has held that while multiple or duplicative proceedings are generally undesirable, they are not prohibited. In the decision of Herold v Wassermann,[1] the Court set out the factors to be considered in determining whether an...

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Do property developers owe a duty of care to subsequent property buyers?

On May 25, 2022, the Alberta Court of Appeal (“the Court”) released its decision for Condominium Corporation No. 0522151 (Somerset Condominium) v JV Somerset Development Inc., 2022 ABCA 193 (“JV Somerset”). Roberto Noce, Q.C. and Michael Gibson of Miller Thomson LLP...

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Please Pay ASAP: Saskatchewan’s Prompt Payment Legislation

LexisNexis Construction Law Letter, 12-13

In their latest article, Khurram Awan and Amir Aboguddah discuss the key features of the Saskatchewan’s Builders’ Lien (Prompt Payment) Amendment Act, 2019. Saskatchewan’s Builders’ Lien (Prompt Payment) Amendment Act, 2019 was proclaimed in force on March 1, 2022. The...

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Please start paying or disputing ASAP – Saskatchewan’s prompt payment legislation is in force

On March 1, 2022, Saskatchewan’s new prompt payment legislation came into force. The Builders’ Lien (Prompt Payment) Amendment Act, 2019 (the “Amending Act”) amends the Builder’s Lien Act and is designed to protect contractors and subcontractors by setting timelines for...

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Please pay ASAP – Saskatchewan’s prompt payment legislation will be in force in March 2022

Introduction The Government of Saskatchewan has announced that the Builders’ Lien (Prompt Payment) Amendment Act, 2019 (the “Act”) will be proclaimed into force on March 1, 2022. The Act received Royal Assent in 2019 but was not immediately proclaimed in force...

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Ontario Court underlines the evidence and analysis required to establish critical path delays

Who is responsible for delays in multi-party projects? What happens when there are multiple independent causes of delay in the same time period? How do courts determine if a delay impacts the critical path of the project schedule? The Ontario...

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Supreme Court says corporations not protected against cruel and unusual punishment

Overview The Supreme Court of Canada confirmed that corporations are not protected from cruel or unusual punishment by section 12 of the Canadian Charter of Rights and Freedoms [Charter] in the recent decision of Québec (Attorney General) v 9147-0732 Québec...

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A real and substantial connection? Saskatchewan Court of Appeal affirms the jurisdictional question for securities regulators

The law has long recognized the geographic limits of governments’ legislative powers. For example, Canada is unable to pass laws which apply in the United States. In Canada, a similar recognition applies amongst Canadian provinces: Saskatchewan does not have the...

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Saskatchewan Appeals Carbon Tax Judgement to the Supreme Court of Canada

The Government of Saskatchewan has appealed to the Supreme Court of Canada the judgment of the Saskatchewan Court of Appeal, which found that the federal government has authority to establish a minimum national standard for pricing greenhouse gas (“GHG”) emissions....

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Separate School Funding Appeal Scheduled for March 2019

The appeal of the trial judgment in Good Spirit School Division No. 204 v. Christ the Teacher Roman Catholic Separate School Division No. 212, 2017 SKQB 109 (the “Theodore case”) has been scheduled to be heard in March 2019. The...

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Looking Out for your Neighbours – Supreme Court of Canada requires Notice to Subcontractors about Labour and Material Bonds

Introduction In its recent decision in Valard Construction Ltd. v Bird Construction Co.,[1] the Supreme Court of Canada imposed an obligation on project owners and general contractors, who are designated as trustees under labour and material (“L&M”) bonds, to provide...

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Saskatchewan Court of Queen’s Bench Underlines the Need for Clarity and Good Faith in the Competitive Bidding Process

In its recent decision in Surespan Construction Ltd. v Saskatchewan,[1] the Saskatchewan Court of Queen’s Bench reviewed the law of tendering and applied it to a dispute between a bidding contractor and a project owner. In doing so, the Court...

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Supreme Court of Canada underlines the need for diligence in the negotiation and implementation of modern treaties

The Supreme Court of Canada’s recent judgment in First Nation of Nacho Nyak Dun v Yukon, 2017 SCC 58 (Nach Nyak Dun), has outlined the appropriate role of the Court in resolving modern treaty disputes. The judgment indicates that the...

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