Liability for defamatory statements reposted on social media
INTRODUCTION Social media offers a platform for the sharing of information; however, the use of social media presents unique and significant legal challenges and potential liability, including the issues of jurisdiction and defamation. In Durand v Higgins, 2024 ABKB 108 […]
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 […]
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 […]
Arbitration clauses – a thorny issue for third-party beneficiaries seeking to litigate
Husky Oil Operations Limited v. Technip Stone & Webster Process Technology Inc.[1] Summary This case involves an interesting set of facts in a construction context. Husky Oil Operations Limited (“Husky Oil”), the project owner, commenced an action against Technip Stone […]
Construction Law Compendium
As part of its annual conference on October 5, 2023, Miller Thomson’s Construction Law Group has compiled a collection of insightful texts on the topics discussed at the event. Download the French PDF (6.6 mb) The English version of this […]
The Alberta construction trust: A remedy on projects that cannot be liened?
Introduction and overview The Alberta Prompt Payment and Construction Lien Act,[1] and its predecessor Builders’ Lien Act[2] primarily create a scheme in which a lien may be registered against title to any lands improved by the lien claimants work. Doing […]
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 […]
CCS Contracting Ltd. v. Condominium Corporation No. 1520090 and certificates of Lis Pendens under the Prompt Payment and Construction Lien Act
Introduction The Prompt Payment and Construction Lien Act (the “PPCLA”),[1] and it’s predecessor the Builders’ Lien Act, have a few overarching themes, one of which is efficient and streamlined dispute resolution both to ensure funds are promptly paid, and to […]
Limitation periods and the issuance of invoices
Introduction and overview Harvest Operations Corp v Obsidian Energy Ltd, 2022 ABKB 848[1] is an appeal of a decision of Application’s Judge Prowse granting summary judgment in favour of the plaintiff, Harvest Operations Corp (“Harvest”), as operator of four petroleum […]
