Mining Incentive Program Aims to Stimulate Mining Industry in NWT

The Government of the Northwest Territories (the “GNWT“) Mining Incentive Program (the “Program“) provides funding to prospectors and exploration companies who carry out mineral exploration work in the NWT. Under the Program, mineral exploration companies licensed to operate in the NWT can apply for up to $200,000 in funding and prospectors licensed to operate in […] Read More
March 20, 2019

Show me the Money! Timing the Release of Holdback

In Alberta, where a contractor is of the opinion that the work under its contract is substantially performed, the contractor may issue and deliver to the owner a certificate of substantial performance (“CSP”) in respect of the contract. Taking this step allows a contractor to receive payment of the statutory 10% holdback prior to its […] Read More

Tick-Tock Goes the Lien Clock

Catriona Otto-Johnston and Jill Bishop Builders’ liens are an important tool, providing contractors, subcontractors, and suppliers security for unpaid work. The template s.48 Order requires a lien claimant to file a Statement of Claim within 180 days of registering the lien; however, before the template Order came into existence, this requirement was regularly seen in […] Read More

Carbon Tax in the Northwest Territories: What You Need to Know

A carbon tax is coming to the Northwest Territories (the “NWT“). The Government of the Northwest Territories (the “GNWT“) recently announced their plan to implement a made in the north NWT Carbon Tax designed and administered in the NWT in accordance with the federal government’s Pan-Canadian Framework on Clean Growth and Climate Change (the “Federal […] Read More
November 26, 2018
Tax

Recent Changes to the Condominium Property Act of Alberta

In January and April of 2018, the Condominium Property Act of Alberta (the “CPA”) was extensively amended, and further changes will be coming in the future. These current amendments will affect all developers and purchasers of new condominiums in Alberta. Statutory Language The CPA has for years required that all agreements to sell a new […] Read More
October 18, 2018

Keep off the Grass! Cannabis in Calgary: Zoning and Public Use

Anticipation of cannabis legalization is all the buzz right now as federal, provincial and municipal legislation is coming together to paint a practical picture of cannabis regulation – all by October 17, 2018. This blog post examines aspects of municipal law regulating the purchase, sale, and use of cannabis in the City of Calgary. There […] Read More
September 20, 2018

Keeping Your Hands Lien: Don’t Forget a CLP!

By Catriona Otto-Johnston & Nada Ladhani Builders’ liens are an important tool for contractors, subcontractors and suppliers when collecting unpaid invoices on a project. Although a lien does not guarantee payment, it does provide security and mitigate business risk. The lien process is complex with many timelines to be complied with or risk losing the […] Read More

Consequential Consequences: Contractually Excluding Damages for Lost Profits

AUTHORED BY: Ryan Krushelnitzky and Kelly Starrak Clauses that exclude or limit the recovery of consequential or indirect damages are common in construction, services and other commercial contracts. These clauses can play an important role in risk allocation.  This is particularly so in situations where a small breach of contract by one party can result […] Read More

Extra! Extra! How Do Subcontractor Change Orders Affect the Lien Fund? It Depends…

More often than not, contractors and subcontractors perform extra work on construction projects over and above the scope of work contemplated by a fixed price contract. Where a subcontractor performs extra work at a contractor’s request, it will often be to the contractor’s account, absent any work required by a subcontractor to correct deficiencies in […] Read More

A Reference to Deference – The Court Weighs in on a Consultant’s Findings

The consultant plays an important role in any construction project. The consultant is obligated to fulfill its role in impartial manner, even though a contractor or owner may not always agree with the consultant’s determinations. If that happens, it’s important to understand how the Court treats a consultant’s findings when a dispute arises and the […] Read More