British Columbia Court of Appeal confirms exaggerated builder’s lien claims may face cancellation, not reduction
Parties facing grossly exaggerated lien claims now have some additional arsenal to defeat the liens before trial. In Darwin Construction (BC) Ltd. v PC Urban Glenaire Holdings Ltd., the British Columbia Court of Appeal (“BCCA”) clarified the circumstances under which […]
Dismissal for want of prosecution: A draconian remedy no longer
A recent decision from the British Columbia Court of Appeal has considerably altered the test for an application to dismiss an action for want of prosecution. Under the new revised test, applicants will no longer have to demonstrate serious prejudice […]
BC Court of Appeal clarifies law on accruing interest on builder’s lien security and the allocation of risk in cost plus contracts which incorporate estimates
In the recent decision of Highridge Homes Ltd. v de Boer, 2023 BCCA 74, the British Columbia Court of Appeal (“BCCA”) granted an appeal on the issue of accruing interest, finding that funds which had been paid into trust as […]
Lien everything, and early: The BC Supreme Court clarifies builders lien filing deadlines and apportionment between properties
The recent decision of the British Columbia Supreme Court in Frontier Kemper Constructors, Inc v Rio Tinto Alcan Inc[1] clarified the timeline for filing a builders lien when the 45-day deadline falls on a weekend and revisits the limited scope […]
BC overhauls lien regime as new Commercial Liens Act receives royal assent
On March 31, 2022, British Columbia passed new legislation that will reform and consolidate the law on commercial liens in British Columbia. Bill 11 – 2022: Commercial Liens Act (the “CLA”) will modernize this area of the law and establish […]
