Category: Construction

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Is Your Lien Up to Code? B.C. Court Decisions Provide Clarity on Application of Builders Lien Act

November 20, 2017

The British Columbia Supreme Court (Court) recently released two decisions regarding the application of the Builders Lien Act (Act), providing clarity on limitation periods for filing a lien claim and the circumstances where an excessive lien claim can be discharged for lesser security. GREEN OAK In Green Oak Development Corp (West 7th) Corp. v. Hans Demolition & Excavating Ltd. (Inc….

CETA Now In Force: Are You Maximizing the Benefits?

September 21, 2017

On September 21, 2017, the Canada-European Union Comprehensive Economic and Trade Agreement (CETA) comes into force on a provisional basis. If they haven’t already done so, it is now time for Canadian businesses to take steps to ensure that they are prepared to take advantage of the tremendous opportunities presented by the CETA. HOW TO BENEFIT FROM CETA Following are…

Recent Developments in Construction Law: What Will Amendments to Ontario’s Construction Lien Act Mean for Owners and Lenders?

September 12, 2017

  The Ontario government has tabled some long-awaited amendments to the Construction Lien Act. If these amendments pass, they will reshape the contracting framework for owners, contractors, design professionals, subcontractors and other participants involved in major construction projects in Ontario, including P3/AFP projects in the construction industry. Please join us as we take an in-depth look at the legislation and the…

New Reporting Requirements Now in Force in Quebec for Mining, Oil and Gas Industries

September 8, 2017

Quebec mining and oil and gas industries must now comply with the Regulation respecting the application of the Act respecting transparency measures in the mining, oil and gas industries (Regulation), which came into force on August 3, 2017. The Act is designed to impose transparency measures in the mining and oil and gas industries, discourage and detect corruption and foster…

Lien on Me: B.C. Court Cancels Builder’s Lien Due to Procedural Misstep

August 2, 2017

In Scandia Paving Ltd. v. Bengag (Scandia Paving), the Supreme Court of British Columbia (Court) cancelled the plaintiff’s builder’s lien because the plaintiff commenced its enforcement action in the wrong court registry. The Court had discretion to preserve the lien by transferring the action to the correct court registry, but declined to do so, principally due to the plaintiff’s failure…

Pay When Paid Clauses: How Do They Hold Up?

June 9, 2016

Courts in Alberta and Ontario have recently released two notable decisions on “pay when paid” clauses: Sprague Rosser Contracting Co. Ltd. v. EOS Pipeline & Facilities Inc., (EOS Pipeline) and 6157734 Canada Inc. v. Bluelime Enterprises Inc. (Bluelime Enterprises). In EOS Pipeline, one of the only-reported Alberta decisions on pay when paid clauses, the Court of Queen’s Bench of Alberta…

Amendments to the Integrity Regime – A Step in the Right Direction

April 27, 2016

On April 4, 2016, Public Services and Procurement Canada (PSPC) (formerly known as Public Works and Government Services Canada) made a number of important amendments to the Integrity Regime governing procurement and real property transactions with the Government of Canada. The Integrity Regime was unveiled in July 2015 and replaced its much maligned predecessor, the Integrity Framework. For a discussion…

Alberta Court of Appeal Finds That Certificate of Lis Pendens to Perfect Builders’ Lien May Not Be Required

July 8, 2015

  In a recent decision, TRG Developments Corp. v. Kee Installations Ltd. (TRG Developments), the Alberta Court of Appeal (Court) was required to determine whether the failure to register a certificate of lis pendens (CLP) within 180 days after registering a builders’ lien means, in all circumstances, that the lien ceases to exist.   The Court ruled that if an…

Dazed and Confused: Alberta Arbitration Board Disagrees on How to Apply Top Court Ruling on Alcohol and Drug Testing

June 12, 2014

The Alberta Arbitration Board’s (Board) decision on random alcohol and drug testing in Unifor, Local 707A v. Suncor Energy Inc., Oil Sands has attracted significant media attention and commentary, following in the wake of the Supreme Court of Canada’s ruling on random alcohol testing last year. A majority of the Board held that Suncor Energy’s proposed implementation of random alcohol and drug…

Province Launches Independent Review of Ontario Construction Lien Act

April 21, 2014

  On March 28, 2014, the Province of Ontario announced that it will be appointing an independent third party to review the Construction Lien Act. The review is in response to feedback which the province received from interested parties during public hearings on Bill 69, the Prompt Payment Act, 2014, a private member’s bill which received first and second readings in the…

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