The Prompt Payment and Construction Lien Act: Two years on
Introduction On August 29, 2022, amendments to the Alberta Builders’ Lien Act, RSA 2000, c B-7 (the “BLA”) came into force and that act became the Prompt Payment and Construction Lien Act, RSA 2000, c P-26.4 (the “PPCLA”). The PPCLA makes a […]
Alberta construction adjudications are final and binding? Judicial interpretation of Part 5 of the Prompt Payment and Construction Lien Act
In addition to extending lien periods, the Alberta Prompt Payment and Construction Lien Act,[1] which came into force on August 29, 2022, also introduced the concepts of “prompt payment” and construction adjudication to the province. As we near the two-year […]
Timeliness of lien litigation, consent orders and Lesenko v Wild Rose Ready Mix Ltd
A recent decision from Justice Feasby of the Alberta Court of King’s Bench saw a curious result with respect to a commonly used practice in lien proceedings that will likely have broad (and possibly unintended) implications.[1] It is widely known […]
Lauren Toreson and Emma Johnston write an article for Water Canada
Water Canada
Lauren Toreson and Emma Johnston write an article for Water Canada’s May/June 2024 Edition, entitled « A Year Later: Alberta’s Prompt Payment & Construction Lien Act. » For groups entering into drinking water treatment, wastewater treatment, and even hydroelectric projects, a big […]
Liability for defamatory statements reposted on social media
INTRODUCTION Social media offers a platform for the sharing of information; however, the use of social media presents unique and significant legal challenges and potential liability, including the issues of jurisdiction and defamation. In Durand v Higgins, 2024 ABKB 108 […]
British Columbia Court of Appeal confirms exaggerated builder’s lien claims may face cancellation, not reduction
Parties facing grossly exaggerated lien claims now have some additional arsenal to defeat the liens before trial. In Darwin Construction (BC) Ltd. v PC Urban Glenaire Holdings Ltd., the British Columbia Court of Appeal (“BCCA”) clarified the circumstances under which […]
Construction estimates and consumer protection legislation
A recent case from Ontario has established that consumer protection legislation applies to consumer construction contracts in that province. The case, which is discussed below, is not an appellate case and as such is not binding on Alberta courts. However, […]
Justice will be swift: Alberta’s new streamlined trial process
The Alberta Court of King’s Bench recently announced that as of January 1, 2024, a new streamlined trial procedure for civil and family matters will come into effect.[1] This new “streamlined trial” format has the potential to resolve actions more […]
Arbitration clauses – a thorny issue for third-party beneficiaries seeking to litigate
Husky Oil Operations Limited v. Technip Stone & Webster Process Technology Inc.[1] Summary This case involves an interesting set of facts in a construction context. Husky Oil Operations Limited (“Husky Oil”), the project owner, commenced an action against Technip Stone […]
Recueil de droit de la construction
Dans le cadre de sa conférence annuelle du 5 octobre 2023, le groupe en droit de la construction de Miller Thomson a rédigé un recueil de textes éclairants portant sur les sujets abordés lors de l’événement. Télécharger le PDF (6.6 […]
