Think Leaving Equipment On Site Extends Your Lien Period? Think Again.

Builders’ liens provide unpaid contractors and subcontractors on a construction project the ability to secure a debt claim against a piece of land. While courts have acknowledged that the purpose of builders’ liens is to provide this protection, there are criteria that need to be met for a lien to be valid. One such criterion […] Read More
October 30, 2019

Immunizations and Immunity Provisions: The Scope of Protection Under the Public Health Act

The Alberta Court of Appeal has issued a decision involving the interpretation of the Alberta Public Health Act, which may have broad implications on limiting liability of public bodies. Frank v. Alberta Health Service, 2019 ABCA 332 involves a medical malpractice claim. The Plaintiff, Frank, was a patient at the South Calgary Health Centre operated […] Read More
September 30, 2019

Single Use Plastic Bans: What You Need to Know

The discussion on single-use plastics is heating up across Canada. The federal government announced in June 2019 its intention to institute a nationwide ban by 2021 if re-elected this fall. Meanwhile, a growing number of provinces, cities, and towns have already banned certain single-use plastic products and the British Columbia Court of Appeal has now […] Read More

Doing Work on a Provincial Project? Protect Yourself with a Public Works Act Claim

The Public Works Act (“PWA”) is a helpful, rarely litigated piece of legislation for unpaid subcontractors. By submitting a PWA claim to the Provincial Government, a subcontractor has the ability to seek compensation outside of its contractual rights from the party it contracted with on public projects that otherwise may not be lienable. This is […] Read More
September 10, 2019

Craft Cannabis: Micro-Cultivation + Micro-Processing Licences

Craft cannabis is hitting the market as newly licensed craft producers are coming into operation. With the introduction of the new regulations under the Cannabis Act, the federal government created micro-cultivation licences, often referred to as “craft producers”, which have less security and building requirements than a full-scale cultivation licence. Requirements for a Micro-Cultivation Licence Individuals are […] Read More
August 29, 2019

City Moves to License AirBnBs and Other Short-Term Rentals

The Urban Planning Committee voted on Tuesday, August 20, 2019, to recommend the adoption of a new Business Licence Bylaw, in an effort to begin regulating short-term rental accommodations in the City of Edmonton. Often described simply as “short-term rentals”, these accommodations are typically transacted between “hosts” or “operators” and prospective guests, through online platforms […] Read More
August 28, 2019

Cutting the Red Tape? New Condo Regulations are on Hold for Further Review

On July 1, 2019, the Government of Alberta announced that the revised Regulations and amendments to the Condominium Property Act that were scheduled to come into force that day have been placed on hold until January 1, 2020. In a recent statement, Nate Glubish, Minister of Service of Alberta, stated that the delay was necessary […] Read More
July 24, 2019

Fairness is in the Eye of the Beholder in the Tender Process

The tender process has long been a staple of the construction industry. Variations of that process, via requests for proposals (“RFPs”), requests for quotations (“RFQs”) or other similar processes have also been developed, with varying levels of adherence to the traditional tender model. These models allow someone putting a project out for bid to include […] Read More
July 24, 2019

Tax Incentive Amendments to the Municipal Government Act

New revisions to the Municipal Government Act (the “MGA“) aim to grant municipalities the ability to offer tax incentives to encourage business investment. Bill 7 the Municipal Government (Property Tax Incentives) Amendment Act (“Bill 7“) received Royal Assent and came into force on June 28, 2019. At its core, Bill 7 aims to help local […] Read More

Rectification: Where Are We Now?

This article was first published by the Canadian Tax Foundation in (2019) 9:2 Canadian Tax Focus. In the two years since the SCC narrowed the availability of rectification in Fairmont Hotels ( 2016 SCC 56), provincial superior and appellate courts have attempted to interpret the new limits placed on rectification. The post-Fairmont jurisprudence has largely been determined by the […] Read More
June 11, 2019
Tax