Emma L. Johnston

Associée | Edmonton

780.429.9720

Portrait de Emma L.  Johnston

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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...

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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...

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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...

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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...

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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,...

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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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,...

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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...

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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...

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Summary Judgment – Confusion in Alberta

Summary judgment has been a hot topic since the Supreme Court of Canada decision in Hryniak v Mauldin, 2014 SCC 7 [Hryniak].  Following Hryniak, the high standard of proof previously required for summary judgment was relaxed, and the importance of...

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Bill 6 Update: Working Groups Appointed

The Alberta government has selected members for technical working groups that will develop recommendations for the new Enhanced Protection for Farm and Ranch Workers Act, formerly known as Bill 6. Each group consists of 12 members, and includes farmers, ranchers,...

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Bill 6: The Enhanced Protection for Farm and Ranch Workers Act

Student Author: Luke Ross On Thursday December 10, 2015, the Government of Alberta passed Bill 6, the Enhanced Protection for Farm and Ranch Workers Act. Bill 6 has generated considerable controversy in the Province.  Bill 6 repeals the exemptions for...

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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...

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