How Much Weight Should be Afforded to an Adjudicator’s Decision?
Miclex Construction Inc. v. North Central Co-Operative Association Ltd., 2023 ABKB 46 (“Miclex”), reminds us that Alberta courts will tend to accord deference to a consultant’s determination of a...
View ArticleCase Review – Witmar Holdings Ltd. v. Stober Construction Ltd., 2023 BCSC 1378
Lessons Learned It’s cheaper to negotiate a resolution to a business dispute with your neighbour than it is to blaze ahead and dare them to litigate, especially if an adverse result to litigation...
View ArticleCase Review – 1936230 Ontario Inc. v. Hari Kaush Developments Ltd., 2023 ONSC...
Lessons Learned When a client’s case is strong, attempting summary judgment is tempting, but the bar to clear is formidable and even a strong case isn’t certain to be enough. The odds are not...
View ArticleCase Review – Sjostrom Sheet Metal Ltd. v. Geo A. Kelson Company Limited,...
Lessons Learned Construction involves the unexpected, the unexpected leads to change orders, and unless all aspects of the contractual revision are clearly documented and signed off on by the...
View ArticleCase Review – S3i Inc. v. Ecolomondo Environmental (Hawkesbury) Inc., 2023...
Lessons Learned We here at Construction Law Canada are happy to give you the following line to pull out of your back pocket at cocktail parties: “When dispute resolution has reached an impasse a...
View ArticleCase Review – BSSD Excavating & Landscaping Ltd. v. Green Blvd. Construction...
Lessons Learned Don’t overplay your leverage: recognize in advance of applying for relief what you are capable of achieving with the hand you’ve been dealt. Construction Green Blvd. Construction Ltd....
View ArticleCase Review – 1361556 Alberta Ltd. v. Ristorante Cosa Nostra Inc., 2023 ABKB 590
Lessons Learned If you’re complaining that you’ve been a victim of fraudulent behavior, plead fraud or prepare for monumental disappointment. Know who you’re contracting with, be clear about it in the...
View ArticleCase Review – Backyard XP Inc. v. Cesario-Valela, 2023 ONSC 6312
Lessons Learned Procedural efficiency is usually possible, but cannot be arrived at by brute-forcing past the plain meaning of the controlling legislation. Legislation isn’t just the statute, it’s...
View ArticleCase Review – Ellcar Ventures Ltd. v MacLeod, 2023 BCSC 2095
Lessons Learned If you’re going to draft a contract, be realistic about what might go wrong. If you’re going to claim a fundamental breach of that contract, the breach had better be serious. If...
View ArticleCase Review – Campus Contracting Inc. v. Torbear Contracting Inc., 2023 ONSC...
Lessons Learned Document everything. Anticipate the critical evidence the Court will require, both if everything goes according to plan and if the Court favours the arguments presented by opposing...
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