Prompt Payment and Construction Lien Act
On August 29, 2022, the Builders’ Lien Act was amended and renamed the Prompt Payment and Construction Lien Act (the “PPCLA”). A primary goal of the amendment is to create a system to ensure contractors [...]
When Can an Individual be Concurrently Liable in Tort with a Corporation?
On January 21st, 2022 the Alberta Court of Appeal released its decision in Driving Force Inc. v. I Spy-Eagle Eyes Safety Inc. The court addressed whether the sole director of I Spy-Eagle Eyes Safety Inc. [...]
How Long Does an Employee Have to Reject Unilateral Changes to Their Employment: Kosteckyj v Paramount Resources Ltd. (2022 ABCA 230)
When most people think about termination in the employment context, the issue of “cause” often comes to mind first. This is unsurprising given that a termination without cause imposes obligations on the employer to either [...]
Update on Grandparent Rights to Contact with Grandchildren
The issue of a grandparent’s right to have time with their grandchildren was recently explored by the Alberta Court of Appeal in VW v AT, 2022 ABCA 261. Often, when couples separate they enter into parenting [...]
The Interpretation of Releases: Corner Brook (City Of) v Bailey, 2021 SCC 29
A release is a type of contract often used when two or more parties reach a settlement. The purpose of the release is to provide finality and a degree of certainty to the parties that [...]
Retroactive Child Support and the Rescission of Child Support Arrears
The 2021 Supreme Court of Canada decision in Colucci v Colucci, 2021 SCC 24 provides clarity on how courts should address applications for retroactive adjustments to child support as well as applications for the rescission [...]
The Duty to Exercise Discretionary Powers in Good Faith in Contract Law: Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District, 2021 SCC 7
As a follow up to Taylor Maxston’s blog article “The Duty of Honest Performance in Contract Law: C. M. Callow Inc. v. Zollinger, 2020 SCC 45”, the Supreme Court of Canada released another decision earlier [...]
What is the Minor Injury Cap in Alberta?
If you are injured in a motor vehicle accident, your claim may fall under the minor injury cap in Alberta. The minor injury cap was implemented by the provincial government in 2004 in order to [...]
The Duty of Honest Performance in Contract Law: C.M. Callow Inc. v. Zollinger, 2020 SCC 45
Back in 2014, the Supreme Court of Canada’s landmark decision in Bhasin v Hrynew, 2014 SCC 71 (CanLII) (“Bhasin”) outlined the duty of honest performance in contract law. Generally, the duty of honest performance [...]
Upcoming Changes to the Builders’ Lien Act
Bill 37, which proposed some fairly comprehensive changes to the Builders’ Lien Act, was passed by the Alberta Government in November 2020. Over the next few months, the government plans to work with industry stakeholders [...]
