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

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 s.48 Orders in order to […] Read More

Edible Cannabis: What You Need to Know

With the Cannabis Act legalized most forms of recreational cannabis, many consumers and businesses alike may require further clarity on the limited scope of legalization and in particular the current prohibition on edible products containing cannabis. Edible cannabis is expected to be legalized in 2019 but questions remain about what regulations will apply to edible cannabis. […] 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

Six Circles of Hell: Priority Among Insurers In An Alberta Rental/Leased Vehicle Claim

Accidents involving rental/leased vehicles give rise to overlapping insurance coverage situations. The rental/leasing company will have an owner’s policy covering it and anyone driving with its consent. The driver may have an owner’s policy of his/her own relating to his/her own vehicles that may provide the driver with coverage in some cases. The driver’s employer […] Read More
August 8, 2018

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

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 lien. For instance, Section 43 of […] Read More

Consequential Consequences: Contractually Excluding Damages for Lost Profits

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 in very significant consequential damages (such as […] Read More

Probate for Paddington: Michael Bond, CBE (1926-2017)

One year ago, Michael Bond, CBE the creator of the beloved literary character, Paddington Bear, passed away in London, England at age 91. Though I recall seeing snippets of Paddington Bear on the television when I was young, I never actively watched the animated series or read the books. Based on what I’ve learned about […] Read More