Insights

Supreme Court of Canada Expands Trustees’ Duty to Provide Notice

Valard Construction Ltd. v Bird Construction Co., 2018 SCC 8 ..

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Saskatchewan Court of Appeal Overturns Cenex Regarding Priority of Builders’ Liens

National Bank of Canada v KNC Holdings Ltd., 2017 SKCA 57 ..

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The Summary Judgment Procedure: A Bridge to Expedited Litigation

Surespan Construction Ltd v The Government of Saskatchewan , 2017 SKQB 55.  ..

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The Supreme Court’s Perspective on Faulty Workmanship Exclusion Clauses

A recent decision by the Supreme Court of Canada has attracted attention from insurers, contractors, and construction project owners across the country. Ledcor v Northbridge Indemnity Insurance Co., 2016 SCC 37 provides new light on how to interpret the commonly used “faulty workmanship” exclusions under builders’ risk insurance policies.  ..

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New Amendments to The Builders' Lien Act

On March 12, 2014, The Builders’ Lien Amendment Act, 2013 (Bill 102) was given Royal Assent and came into force. In addition to some minor changes, three notable amendments were made to The Builders’ Lien Act (the “Act”): ..

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If a Miscellaneous Interest Lapses, a Claimant may still be Entitled to Register a Builders’ Lien

Where a party registers a miscellaneous interest against a property based on work done on that property, and that interest is lapsed, the party may still be entitled to register a valid builders’ lien against the property based on the same fact situation. However, there is no valid builders’ lien if there is no direct or indirect contractual relationship between the registrant and the owner or if the owner has not requested any improvements to the property. ..

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