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

What’s Old is New Again – Municipal Reserve Lands in Alberta Cannot be Liened

Builders’ liens are a useful tool for unpaid contractors and subcontractors on a construction project. They provide a right to make a claim and register an instrument against title to a parcel of land, with the ultimate remedy being a sale of those lands in default of payment of the lien. However, not all lands […] Read More

Bet Your Bottom Dollar – Orphans No More!

By Doug Nishimura, Catriona Otto-Johnston and Andrew Wilkinson Today the Supreme Court of Canada released their decision in Re:  Redwater [2019 SCC 5].  The decision, which overturns decisions of the Alberta Court of Queens Bench and Court of Appeal, has far reaching effect on the treatment of oil companies in insolvency proceedings (bankruptcy, receivership or […] Read More

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

Is Spousal Support Available After Death?

Perhaps encouraged by the recent decision in Marasse Estate, we have another recent case from the Alberta Court of Queen’s Bench addressing an estate’s ability to claim spousal support and its liability to pay spousal support. Stalzer v Stalzer, 2018 ABQB 191 is reassurance to estate planning and family law practitioners that a person’s obligation to […] 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

A different kind of joint problem

Parents who intend to transfer their assets into joint names with some or all of their adult children need to carefully consider that decision before implementing the transfers.  A series of recent Court cases in Western Canada highlight the need for careful legal advice when parents are considering such transfers in the context of estate […] Read More

You can ask for advice and directions

Acting as an executor or personal representative is a challenging job.  A personal representative is expected to follow the terms of a will, trust document or Court order and to do so prudently and competently.  Sometimes, the testator or the settlor of a trust adds to an already difficult job by creating an unclear will […] Read More

Tips & Traps – Partial Payment from the 10% Holdback

Setting the lien fund can be a complicated and drawn out process. As a subcontractor lienholder, you may find you are standing idly by for payment while the owner and the GC fight amongst themselves. Can you receive partial payment for your work before the lien fund is finalized? Yes, although the “pot” may not […] Read More