Mo’ Money, Mo’ Administration

Illustration by Mark Raven Jackson Today marks the 21st anniversary of the death of Christopher Wallace, or probably better known to you as legendary rap artist Notorious BIG or Biggie. Wallace died at the age of 24 after being shot in Los Angeles. The controversy surrounding his death continues to garner media attention to this […] Read More

Double Duty: Executors’ Tax Filing Obligations

If you dread doing your own taxes, then think twice about becoming an executor of an estate. One of the core duties of a personal representative is to deal with the deceased’s taxes. In Alberta, the duty is contained right in the Surrogate Rules, which state that: Determining the income tax or other tax liability […] Read More

When Calculating Lien Periods, it’s Convenient to be Prevenient

By: Catriona Otto-Johnston and Kendra Heinz Are you out of time to register your lien? It depends! Under section 41 of the Builders’ Lien Act (the “BLA”) a lien must be registered within 45 days (or 90 days for an oil or gas well or well site) after the last day services or materials are […] Read More

Mitigate Before you Litigate: Recovering Damages for Renovations Gone Wrong

By: Catriona Otto-Johnston and Chloe Mathioudakis The Court will not always resolve a construction contract dispute against a contractor who clearly provided deficient work.  If you have been wronged by a residential renovation that’s gone off the rails, or if you’re a contractor and a client is refusing to pay based on this premise, it […] Read More

Do Something! Labour and Material Payment Bonds should be disclosed to claimants

Labour and Material Payment (“L&M”) Bonds are commonly issued in the construction industry to ensure that subcontractors and suppliers working on construction projects get paid. L&M bonds also protect the “obligee”, as named in the bond, from work stoppages and liens being registered. Basically, these bonds contain enforceable promises by a third party, the “surety”, […] Read More
February 16, 2018

Claims for Extra Work and Back Charges: A Tale of Two Trades

A claim for “extras” – a claim for payment work done outside the scope of a contract – is one of the most common issues giving rise to disputes on construction projects. Perhaps equally as common are disputes arising from “back charges” levied by one party against another lower down the contractual chain. In the […] Read More
February 12, 2018

You may have to keep your promises

Some people are good for their word.  Others are not.  Depending on the circumstances, a promise you make may not be legally enforceable.  However, in the words of the outgoing Chief Justice of the Supreme Court of Canada in the recent judgment in Cowper-Smith v Morgan, 2017 SCC 61, equity enforces promises that the law […] Read More

An unconscionable bargain

Generally speaking, the law will not protect you from making a bad bargain.  However, when a transaction is so grossly unfair to one party and was obtained through an unfair advantage by the other party, the legal doctrine of unconscionability may be used to set it aside.  In my practice, most often the issue comes […] Read More

North of 60 Series: Estate administration in the Northwest Territories

I have been on quite the hiatus since last year!  I apologize – I have found that a wills and estates practice inevitably ramps up in the last month of the year on both the planning and litigation sides and last December was no exception. In the middle of all of the usual pre-holiday madness, […] Read More

Contractor Know Thyself: If you don’t, you may lose your lien

AUTHORED BY: Ryan Krushelnitzky Builders’ liens are “creatures of statute”. A builders’ lien is a new right created by lien legislation that would not otherwise exist at common law.  As such, a lien claimant must bring itself strictly within the statutory framework in order to take advantage of these statutory rights. Justice Khullar’s recent Advantage […] Read More
January 23, 2018