Saskatchewan Court of King’s Bench affirms purpose of Lien Payout Provision in The Builders’ Lien Act
The Saskatchewan Court of King’s Bench recently released its decision for DW Earnshaw Excavating v 7-Eleven Canada Inc., 2023 SKKB 252. The matter involved an application by DW Earnshaw Excavating (“DW Earnshaw”) to the Court under section 56(9) of The […]
Ontario Court rejects motion filed under section 47 of the Construction Act; clarifies the concept of “abandonment of contract” in construction lien matter
Summary and significance In S31 Inc. v. Ecolomondo Environmental (Hawkesbury) Inc., 2023 ONSC 5071 [S31 Inc.], the Defendant (“Ecolomondo”), pursuant to a construction lien claim made by the Plaintiff (“S31”), filed a motion under section 47 of the (Ontario) Construction […]
Can cash paid into Court be substituted with lien bond after project completion: Alberta Court of Appeal clarifies
In Tempo Alberta Electrical Contractors Co. Ltd. v. Man-Shield (Alta) Construction Inc., 2022 ABCA 409, the Alberta Court of Appeal clarified that, based on a collective reading of section 48 and section 22 of the Builders’ Lien Act (Alberta) (now […]
Do property developers owe a duty of care to subsequent property buyers?
On May 25, 2022, the Alberta Court of Appeal (“the Court”) released its decision for Condominium Corporation No. 0522151 (Somerset Condominium) v JV Somerset Development Inc., 2022 ABCA 193 (“JV Somerset”). Roberto Noce, Q.C. and Michael Gibson of Miller Thomson LLP […]
Takeaways on privacy breach risk assessment and data security programs: Alberta Privacy Commissioner issues breach report
On July 29, 2022 the Office of the Information and Privacy Commissioner of Alberta (the “OIPC”) issued its report on data breaches (PDF) (the “Report”). Alberta has been the leading Canadian jurisdiction with the most long-standing experience when it comes to reviewing, […]
A double-take on double-tracking: Takeaways from the privacy investigation into the Tim Hortons’ app
A recent investigation report into Tim Hortons, co-authored by the Office of the Privacy Commissioner of Canada (“OPC“), Commission d’accès à l’information du Québec, Office of the Information and Privacy Commissioner of Alberta, and Office of the Information and Privacy […]
Federal Commissioner tables recommendations for privacy law reform
In the context of the Canadian Government’s plans to replace the current federal private sector privacy legislation in Canada – The Personal Information Protection and Electronic Documents Act (the “PIPEDA“), the Office of the Privacy Commissioner of Canada (the “OPC“) has […]
French data protection authority fines health software provider €1.5M for failing to protect personal information
Cybersecurity attacks, data security, and privacy breaches are no longer confined to the technical and esoteric discussions of lawyers, IT professionals, and privacy communities but rather over the past two years have become part of “coffee row” and “water cooler” […]
