A continuing issue relating to property damage insurance is whether loss which is bound to occur due to an unknown fault or defect in the structure is covered by the insurance policy. The policy may be a builders' risk insurance…more
This article discusses the attitude of Canadian courts toward reviewing arbitral decisions. The decisions of Canadian judges reflect the legislative regime in the provincial Arbitration Acts which mandates a starkly different…more
In previous articles I have warned readers about the dangers of the limitation period in relation to arbitration claims. These dangers are highlighted by the recent decision of the Alberta Court of Appeal in Lafarge Canada Inc…more
The decision in Ledcor Construction Ltd. v Nortbridge Indemnity Insurance Company is another attempt by a Canadian court to deal with the ambiguity in the Builders' risk insurance policy. The wonder is that insurers and builders…more
In the recent decision in British Columbia v Teal Cedar Products Ltd., the Supreme Court of Canada decided that compound interest could not be awarded in an arbitration arising from a statutory compensation regime. Under that…more
What is something worth? And if it's worth something to you, is it worth the same to me? Or is everything in the eyes of the beholder?
These are tough questions at the best of times. But they are even tougher in the case of a…more
An important issue relating to enforcement of an arbitral award is whether the award can be enforced against a party who did not sign the arbitration agreement. If the arbitral tribunal sitting outside Canada finds that party to…more
There are several different remedies provided in construction and builders lien legislation that do not necessarily fit together well. Two remedies available to a subcontractor are the lien claim against the land and the trust…more
In Canada, there has been a controversy about appeals from stay motion decisions in the context of arbitration clauses. The issue is whether a decision of a motion judge denying the stay of an action, when the moving party…more
In two prior articles I dealt with four questions:
. When must a sponsor's conduct occur for it to be considered unfair?
. What is the standard of review to be applied to a sponsor's decision to select one bid over the…more
The last article I wrote on Evnoy Relocation Services Inc. v Canada (Attorney General) considered the impact of Contract A - Contract B principles of tender law. There are many more interesting issues which emerge from this…more
The recent decision in Envoy Relocation Services Inc. v Canada (Attorney General) certainly deserves the title of Mother of All Tender Cases. It is a judgement of over 1800 paragraphs in which Mr. Justice Annis of the Superior…more
Not all requests for bids issued by an owner are the same. A request for bids that will be binding on the chosen bidder is usually referred to as an Invitation to Tender. On the other hand, a request for bids which is not…more
What is the meaning of an arbitration clause which states that a dispute "may be determined by arbitration"? Does the clause mean that the arbitration process is permitted but not mandatory? Or does the word "may" mean that the…more
Is an owner entitled to look behind a bid submitted in response to an invitation to tender and determine whether it is compliant with the terms of the invitation to tender, even though on its face the bid is compliant? And if…more
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