Prompt payment update
Prompt payment legislation resembling that which exists in the U.S. has been spreading across Canada. Although Ontario is the only province so far to have prompt payment legislation in force, it has been enacted in Saskatchewan and Nova Scotia, recommended […]
Updates to Bill 37: Builders’ Lien (Prompt Payment) Amendment Act, 2020
On April 8, 2021, the Government of Alberta introduced Bill 62, Red Tape Reduction Implementation Act. The Bill passed its first reading the same day. If Bill 62 receives royal assent, it will bring further changes to the Builders’ Lien […]
Bill 37: Builders’ Lien (Prompt Payment) Amendment Act, 2020 passed its third reading in the legislative assembly of Alberta
On November 17, 2020, Miller Thomson provided insight into Bill 37, the Builders’ Lien (Prompt Payment) Amendment Act, 2020. Bill 37 is intended to update the Alberta Builders’ Lien Act, RSA 2000 c B-9, and introduce a prompt payment system, […]
The Alberta Construction Trust, the decision in ATB Financial v DLM Oilfield Enterprises Ltd, 2020 ABQB 562, and Bill 37 (Prompt Payment)
Recent years have seen a developing body of law in Alberta as to the application of the construction trust found in Section 22 (the “Section 22 Trust”) of the Builders’ Lien Act, RSA 2000 c B-7 (the “Act”). This Section […]
The Consequences of Faulty Workmanship may not be Excluded from Insurance Coverage: Condominium Corporation No. 9312374 v Aviva Insurance Company of Canada, 2020 ABCA 166
The Alberta Court of Appeal recently considered whether the cost to correct structural damage caused by a contractor was covered by a multi-peril insurance policy that excluded coverage for faulty workmanship. In Condominium Corporation No. 9312374 v Aviva Insurance Company […]
Nuisance and Neighbours
The interplay between farms and neighbouring properties is not an easy one. Many normal farm activities may involve unpleasant noises and odours that impact neighbouring properties. Conceivably these activities could constitute an actionable nuisance. A nuisance is an activity which […]
