Canada’s federal prompt payment legislation now in force
The Federal Prompt Payment for Construction Work Act[1] (the “Act”) became effective on December 9, 2023. The purpose of the Act is to promote the orderly and timely carrying out of construction projects in respect of any federal real property […]
Construction estimates and consumer protection legislation
A recent case from Ontario has established that consumer protection legislation applies to consumer construction contracts in that province. The case, which is discussed below, is not an appellate case and as such is not binding on Alberta courts. However, […]
Justice will be swift: Alberta’s new streamlined trial process
The Alberta Court of King’s Bench recently announced that as of January 1, 2024, a new streamlined trial procedure for civil and family matters will come into effect.[1] This new “streamlined trial” format has the potential to resolve actions more […]
The importance of following the “standard approach” to liening: Avli BRC Developments Inc v BMP Construction Management Ltd, 2023 ABCA 147
In the recent Alberta Court of Appeal decision Avli BRC Developments Inc v BMP Construction Management Ltd, 2023 ABCA 147 (“Avli”), Alberta’s appellate court validated the liens of subcontractors – the validity of which was in question because of various […]
“Ha! Ha! Should have been more careful!” is not a defence to fraud
For over 150 years, the law has been clear that there is no “want of due diligence” or “contributory negligence” defence available to a person sued for fraud.[1] Despite this long history, defendants still attempt to rely upon the defence, […]
Alberta Court of King’s Bench reaffirms corporate veil test in the construction context
In the 2022 case, Parks v McAvoy, 2022 ABQB 294, the Alberta Court of Queen’s Bench (as it then was) evaluated whether a general contracting company’s director could be personally liable for damages when that director had performed work on […]
Alberta’s new prompt payment and construction lien legislation: An overview
On August 29, 2022, the Prompt Payment and Construction Lien Act, RSA 2000, c P-26.4 (the “Act”), came into force in Alberta. The construction lawyers at Miller Thomson LLP have been preparing for the Act’s implementation for over a year […]
Graham Construction and Engineering Inc v Alberta (Infrastructure): Is Strict Compliance Necessary for a Claim Under the Alberta Public Works Act?
The Alberta Court of Queen’s Bench clarified the requirements for perfecting a claim under Alberta’s Public Works Act, RSA 2000, c P-46 (the “PWA”) in Graham Construction and Engineering Inc v Alberta (Infrastructure), 2021 ABQB 184 [Graham]. This case arose […]
Zerbin v Vrbanek, 2021 ABCA 317: The Alberta Court kicks back at a contractor taking kickbacks
In the Alberta Court of Appeal decision, Zerbin v Vrbanek, 2021 ABCA 317 (“Zerbin”), and the preceding trial decision (Zerbin v Vrbanek, 2020 ABQB 797), the Alberta Courts assessed damages against a general contractor who was bleeding the owners on […]
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 […]
