Door open for rescission of surety bonds despite potential impact to third parties
The recent decision of Urban Mechanical Contracting Ltd. et al v Zurich Insurance Company Ltd., 2022 ONCA 589 (“Urban”) has sent waves through the construction industry. In Urban, the Ontario Court of Appeal refused two applications seeking to overturn a […]
Right of appeal under Alberta’s Arbitration Act
Introduction and overview Agrium v Orbis Engineering Field Services, 2022 ABCA 266 (Agrium v Orbis), is a case involving statutory interpretation of section 7(6) of Alberta’s Arbitration Act, RSA 2000, c A-43 (the “Act”). Section 7 of the Act allows […]
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 […]
What to expect as the implementation of prompt payment in Alberta looms: The final countdown
The Alberta Prompt Payment and Construction Lien Act (the “Act”) is set to be implemented on August 29, 2022. As this date approaches, we have some final notes on what businesses can expect as the Act comes into force. Our […]
What damages can you lien for? PME Inc v Enerkem Alberta Biofuels LP (Enerkem Alberta Biofuels GP Inc), 2021 ABQB 889
The decision of the Alberta Court of Queen’s Bench in PME Inc v Enerkem Alberta Biofuels LP (Enerkem Alberta Biofuels GP Inc)[1] considers whether the lien fund or the value of a builders’ lien under the Alberta Builders’ Lien Act, […]
Owners beware: Factoring invoices should not be factored into the major lien fund
In Factors Western Inc. v DCR Inc., 2021 ABCA 433 (“Factors Western“), the main issue that the Alberta Court of Appeal was faced with was determining whether or not an invoice that was factored between a project owner, a general […]
Bill 37: Prompt Payment slated to come into force on August 29, 2022 (and Regulations!)
On February 25, 2022, the Government announced that Bill 37 will come into force on August 29, 2022. Miller Thomson has been closely following the development of Bill 37: The Builders’ Lien (Prompt Payment) Amendment Act) (“Bill 37”) which first […]
Potential Timelines for Implementation of Bill 37, the Builders’ Lien (Prompt Payment) Amendment Act, 2020
Bill 37, the Builders’ Lien (Prompt Payment) Amendment Act, 2020, received royal assent on December 9, 2020 and will come into force on proclamation. The original timeline for proclamation was the summer of 2021; however, the season came and went […]
The interpretation of releases and the Supreme Court of Canada decision in Corner Brook (City) v Bailey
In its recent decision in Corner Brook (City) v Bailey,[i] the Supreme Court of Canada discussed the interpretation of releases and, more importantly, the proper approach for determining the scope of each specific release. Although decided in the context of […]
Further Builders’ Lien Act amendments passed, will become law
Miller Thomson LLP has written several articles over the past year in which we discussed the major changes coming to Alberta’s Builders’ Lien Act (the “Act”) under Bill 37 and newly enacted Bill 62, the latter of which received Royal […]
