Proper claimant under labour and materials bond: Wolverine Construction LTD. v Trisura Guarantee Insurance Company
Labour and materials bonds are common guarantees supplied by general contractors to ensure payment for the contributions of certain labour and material subcontractors. In order for a party to be eligible to collect under a bond they must be a […]
Exemptions to a tribunal’s authority to determine its own jurisdiction and the scope of arbitration clauses
In the recent case of Orica Canada Inc. v ARVOS GmbH [Orica], the Alberta Court of King’s Bench considered two issues which frequently arise in arbitration disputes: a tribunal’s authority to determine its own jurisdiction, often referred to as the […]
Selecting and changing the venue of a claim in Alberta
One of the initial decisions a plaintiff must make when deciding to pursue a claim in Alberta is where to commence their action, that is, which judicial centre (i.e., city or town) is the appropriate venue for their claim. This […]
Kelana Holdings Ltd. v 393510 Alberta Ltd.: Civil contempt standards and implications for enforcement
A recent decision by the Alberta Court of King’s Bench in Kelana Holdings Ltd. v 393510 Alberta Ltd., 2023 ABKB 486 [Kelana],[1] provides clarity for parties looking to exercise their rights of enforcement when a party does not comply with […]
BC Court of Appeal clarifies law on accruing interest on builder’s lien security and the allocation of risk in cost plus contracts which incorporate estimates
In the recent decision of Highridge Homes Ltd. v de Boer, 2023 BCCA 74, the British Columbia Court of Appeal (“BCCA”) granted an appeal on the issue of accruing interest, finding that funds which had been paid into trust as […]
Recognizing and enforcing foreign judgments in Alberta
In our increasingly global community, disputes often do not adhere to traditional jurisdictional boundaries. The same holds true for the enforcement of judgments and orders. Increasingly, parties are looking to other provinces or countries to enforce their judgments. However, in […]
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 […]
It’s only money: Pure economic loss and the decision of Rieger v. Plains Midstream Canada ULC, 2022 ABCA 28
On January 31, 2022, the Alberta Court of Appeal (ABCA) issued its decision in Rieger v. Plains Midstream Canada ULC.[1] The ABCA adopted the analysis as set out in the Supreme Court of Canada (SCC) decision, 1688782 Ontario Inc. v. […]
