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Canada Construction Contracts Appeals

Blake, Cassels & Graydon LLP

Shimco Lien Reaffirmed: B.C. Court of Appeal Clarifies Dual-Lien Structure Under the Builders Lien A

In Kingdom Langley Project Ltd. Partnership v. WQC Mechanical Ltd. (Kingdom Langley), the British Columbia Court of Appeal reaffirmed the validity of what are commonly referred to as “Shimco liens.” Shimco liens are liens...more

Stikeman Elliott LLP

“Finally Settled”?: Ontario Court of Appeal Considers Scope of Appeal Rights in Domestic Arbitrations

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In Baffinland Iron Mines LP v. Tower-EBC G.P., S.E.N.C., the Ontario Court of Appeal (the “ONCA”) has confirmed that “finally settled” by arbitration means the same thing as “final and binding”, and that both phrases may...more

Bennett Jones LLP

Part 2: Unpaid Subcontractors Beware

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The Supreme Court’s Decision in Valard - On September 14, 2016, we published Unpaid Subcontractors Beware, which commented on the Court of Appeal's decision in Valard Construction Ltd v Bird Construction Company, 2016 ABCA...more

Bennett Jones LLP

Unpaid Subcontractors Beware

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Alberta Court of Appeal confirms no duty to disclose existence of labour and material bond unless asked - Labour and material payment bonds (L&M Bonds) serve an important purpose on a construction project by providing...more

Bennett Jones LLP

Breathing Room: The Alberta Court of Appeal Addresses the New Limitation Period for Third-Party Claims

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The limitation period for a defendant seeking contribution from a third party has changed. In last month's Alberta Court of Appeal decision of Whitecourt Power Limited Partnership v Elliott Turbomachinery Canada Inc., 2015...more

Bennett Jones LLP

B.C. Court of Appeal Overturns Restrictive Public Disclosure Standards for Development Projects

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The City of Vancouver and Brenhill Developments Ltd. successfully appealed the January 27, 2014, decision of the BC Supreme Court (BCSC) in Community Association of New Yaletown v Vancouver (City), 2015 BCSC 117. The appeal...more

Blake, Cassels & Graydon LLP

Alberta Court Clarifies Builders’ Lien Registration When Contract Abandoned

On February 25, 2015, the Alberta Court of Appeal released its decision in Tervita Corporation v. ConCreate USL (GP) Inc. In that case, the court was required to determine whether a builders’ lien registered by Tervita...more

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