Category: Newsletters

The Duty to Notify Subcontractors
of Labour and Material Bonds

Seema Lal   On February 28, 2018, the Supreme Court of Canada released its decision in Valard Construction Ltd. v. Bird Construction Co., 2018 SCC 8. Facts and Issues Bird, as a general contractor, hired a subcontractor, Langford Electric Ltd., to complete certain electrical work on an oil sands project.  The contract between Bird and

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Cryptocurrency Law – Is There Such A Thing?

Michael Ahmadi It’s been said that there are two types of people in this world: Those who are interested in cryptocurrencies, and those whose eyes glaze over when they hear words like “blockchain”. Primer First, a primer on cryptocurrencies. For the sake of simplicity, let’s stick to the best known cryptocurrency, Bitcoin. Bitcoin is a

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BC Ferry Agreement –
Achieving finality for parties who want out

Tim Sportschuetz, Articled Student Most parties to an ongoing lawsuit want to settle prior to trial. In order to successfully effect settlement, drafting an enforceable and reliable settlement agreement is of utmost importance. One of the most common and effective settlement agreements when not all defendants want to settle is a BC Ferry Agreement. Following

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THE WHEELS OF JUSTICE
IN CONSTRUCTION CLAIMS FOR PAYMENT

J. Marc MacEwing When you are owed money for construction work or services, there may be potentially valid reasons for payment not to be forthcoming, such as the existence of a bona fide dispute concerning alleged deficiencies or delays, or there may be no legitimate justification for non-payment. In either scenario, it may be necessary

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Personal Liability of a Director – Are you at Risk?

Katrina Yaworsky If a director of a corporation acts in an oppressive or unfairly prejudicial way toward certain classes of parties involved in the corporation, he or she can be held personally liable under the federal and provincial corporate statutes (Canada Business Corporations Act, RSC 1985, c. C-44 (“CBCA”); British Columbia’s Business Corporations Act, SBC

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BC COURT CONFIRMS DUTY OF GOOD FAITH
IN CONTRACTS FOR THE SALE OF PROPERTY

Peter B. Gorgopa A seller’s right to terminate a contract of purchase and sale of residential property by declining to remove or waive a condition was considered recently by the Supreme Court of British Columbia in Zhang v. Amaral-Gurgel, 2017 BCSC 1561.  In that case, the defendant seller agreed to sell her home to the

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Court Confirms No Claim Against Consultant
for Non-Dangerous Defects

Craig A. Wallace, P.Eng. In Winnipeg Condominium No. 36 v. Bird Construction Co., [1995] 1 SCR 85, the Supreme Court of Canada opened the door to recovery in tort – i.e., by parties who do not have a contract with the defendant – of “economic loss” for design and construction defects. “Economic loss” in this

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CASL Redux – The Federal Government Is Not Done Yet

Christopher J. Bakker As avid readers of our newsletter will know by now, certain provisions of Canada’s 2014 anti-spam legislation (CASL) were amended as of July 1, 2017. In brief, CASL’s three year transition rules have come to an end, and with that, changes have been made to the current implied consent rules and the

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Canada’s Anti-Spam Legislation (CASL)

Matthew Wansink, Seema Lal As a result of the transition provisions coming to an end on July 1, 2017, we have prepared another overview of Canada’s new Anti-Spam Legislation (CASL), the impact it will have on businesses and how businesses can maintain their current marketing campaigns in a CASL-compliant manner.  Download our presentation (in PDF)

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