Mark Alexander

Partner | Edmonton


Portrait of Mark Alexander

Limitation of Liability Clauses and Summary Disposition

In reasons dated April 1, 2019, a Master of the Alberta Court of Queen’s Bench summarily determined that a contractual limitation of liability clause served to limit the Plaintiff’s damages against a fire protection contractor to the cost of the...


Extras and Back Charges: Alberta Court of Appeal Affirms tests in Impact Painting Ltd v Man-Shield (Alta) Construction Inc.

In February 2018’s edition of Breaking Ground, we reviewed the legal tests used to determine what will constitute a valid extra or back charge.[1] These issues were discussed in some detail in the Alberta Court of Queen’s Bench decision in...


Liability Issues for Architects Revisited: An Analysis of Vermilion & District Housing Foundation v Binder Construction Limited

In the June 6, 2017 decision of Vermilion & District Housing Foundation v Binder Construction Limited, 2017 ABQB 365, the Alberta Court of Queen’s Bench considered claims by a building owner against multiple parties arising from alleged defects with the...


Looking Through a Dirty Window: Builders’ Risk Policies and the “Faulty Workmanship” Exclusion

On March 30, 2016, the Supreme Court of Canada heard argument in the appeal of the Alberta Court of Appeal’s decision in Ledcor v Northbridge Indemnity Insurance Company.   In doing so, the SCC was asked to consider, among other things,...


Don’t Give the Game Away – Tips on Maintaining Litigation Privilege

Courts have long recognized the origin and rationale of solicitor-client privilege as a necessary and essential tool for the effective administration of justice.  A related but conceptually distinct protection is that of litigation privilege.  While both forms of privilege serve...


A Year on the Books: Reflections on Summary Judgment in Alberta

January 2015 marked the one-year anniversary of the Supreme Court of Canada’s landmark decision in Hryniak v. Mauldin,[1] which clearly articulated a cultural shift aimed at facilitating a fair process for the just adjudication of disputes, with simplified and proportionate...


When Does the Clock Start to Run? Contribution Claims Under Alberta’s Tort-feasors Act

At common law, a plaintiff who has been injured as a result of the acts of two or more tort-feasors  – the party committing the wrongdoing – can sue any one of them to recover 100 per cent of his...