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 […]
Saskatchewan Court of Appeal rules that multiple proceedings are permitted in many circumstances
Overview Saskatchewan’s Court of Appeal has held that while multiple or duplicative proceedings are generally undesirable, they are not prohibited. In the decision of Herold v Wassermann,[1] the Court set out the factors to be considered in determining whether an […]
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 […]
Please Pay ASAP: Saskatchewan’s Prompt Payment Legislation
LexisNexis Construction Law Letter
In their latest article, Khurram Awan and Amir Aboguddah discuss the key features of the Saskatchewan’s Builders’ Lien (Prompt Payment) Amendment Act, 2019. Saskatchewan’s Builders’ Lien (Prompt Payment) Amendment Act, 2019 was proclaimed in force on March 1, 2022. The […]
Please start paying or disputing ASAP – Saskatchewan’s prompt payment legislation is in force
On March 1, 2022, Saskatchewan’s new prompt payment legislation came into force. The Builders’ Lien (Prompt Payment) Amendment Act, 2019 (the “Amending Act”) amends the Builder’s Lien Act and is designed to protect contractors and subcontractors by setting timelines for […]
Please pay ASAP – Saskatchewan’s prompt payment legislation will be in force in March 2022
Introduction The Government of Saskatchewan has announced that the Builders’ Lien (Prompt Payment) Amendment Act, 2019 (the “Act”) will be proclaimed into force on March 1, 2022. The Act received Royal Assent in 2019 but was not immediately proclaimed in force […]
Ontario Court underlines the evidence and analysis required to establish critical path delays
Who is responsible for delays in multi-party projects? What happens when there are multiple independent causes of delay in the same time period? How do courts determine if a delay impacts the critical path of the project schedule? The Ontario […]
Supreme Court says corporations not protected against cruel and unusual punishment
Overview The Supreme Court of Canada confirmed that corporations are not protected from cruel or unusual punishment by section 12 of the Canadian Charter of Rights and Freedoms [Charter] in the recent decision of Québec (Attorney General) v 9147-0732 Québec […]
