If they repudiate, you can remediate: Remedies for Alberta landlords in commercial lease abandonment
Long-term commercial leases can pose challenges for both tenants and landlords, particularly when changing circumstances – whether it be financial, operational, or otherwise – render a lease untenable. In such situations, landlords are at risk of tenants defaulting on their […]
The last days of contingent payments: Pay-when-paid clauses and the PPCLA
On August 29, 2022, the Prompt Payment and Construction Lien Act, RSA 2000, c P-26.4 (the “PPCLA”) came into force. The PPCLA changed the law governing the construction industry in Alberta. One such change was the imposition of mandated timelines […]
The Alberta Court of Appeal affirms high threshold for setting aside arbitral awards on the basis of procedural unfairness
In a decision issued on June 9, 2022, the Alberta Court of Appeal (“ABCA”) affirmed an Alberta Court of Queen’s Bench (“ABQB”) decision that refused to set aside an arbitral award on the basis of manifest unfairness under Section 45 […]
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 […]
Deception and Dower: Cases of Dower fraud in Alberta and Saskatchewan
The forms and procedures required in Alberta’s and Saskatchewan’s provincial “homestead legislation” create dower rights, which act as safeguards to protect spouses who do not own their homes (the non-owning spouse) from having their homes sold without their consent. However, […]
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, […]
Prompt payments and adjudication are set to arrive in Alberta’s construction industry
Major changes could be coming for the construction industry in Alberta as new prompt payment legislation is being proposed. While other provinces have considered and implemented prompt payment and other changes to their lien legislation, Alberta is proposing its own […]
EY Report on Alberta Health Services
In an unprecedented move, Alberta Health Services and Alberta Health decided to conduct a complete review of the way in which health care delivered by Alberta Health Services is regulated, governed and funded. This involved an analysis of Alberta Health […]
