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Canada Construction Liens

Bennett Jones LLP

Prompt Payment Update—Alberta's Court of King's Bench Concludes Adjudicator Decisions under the PPCLA

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In 2022, amendments to the Prompt Payment and Construction Lien Act (PPCLA) introduced a prompt payment and related fast-track adjudication process. Recently, in Welcome Homes Construction Inc v Atlas Granite Inc, the...more

Blake, Cassels & Graydon LLP

Colombie-Britannique : La Cour d’appel se prononce sur les arrangements directs entre propriétaire et sous-traitant

Dans l’affaire Pinnacle Living (Capstan Village) Lands Inc. v. Fairway Recycle Group Inc. (l’« affaire Pinnacle Living »), la Cour d’appel de la Colombie-Britannique (la « CACB ») s’est récemment penchée sur la capacité d’un...more

Blake, Cassels & Graydon LLP

B.C. Court of Appeal Rules on Direct Owner-Subcontractor Arrangements Under Builders Lien Act

In Pinnacle Living (Capstan Village) Lands Inc. v. Fairway Recycle Group Inc. (Pinnacle Living), the British Columbia Court of Appeal (Court) recently considered the ability of an owner to obtain a discharge of a lien by...more

Blake, Cassels & Graydon LLP

Un tribunal de l’Alberta clarifie le processus d’arbitrage intérimaire en vertu de la Prompt Payment and Construction Lien Act

Welcome Homes Construction Inc. v. Atlas Granite Inc. (la « décision ») est la première décision rendue par la Cour du Banc du Roi de l’Alberta (la « Cour ») qui touche le processus d’arbitrage intérimaire en vertu de la loi...more

Blake, Cassels & Graydon LLP

Alberta Court Clarifies Adjudication Pursuant to the Prompt Payment and Construction Lien Act

Welcome Homes Construction Inc. v. Atlas Granite Inc. (Decision) is the first decision from the Alberta Court of King’s Bench about adjudication pursuant to the Prompt Payment and Construction Lien Act (PPCLA). In the...more

American Conference Institute (ACI)

[Event] 16th National Conference on Navigating Risk in Construction Contracts & Projects - February 22nd - 23rd, Toronto, ON,...

The premier event for Canadian construction professional and their counsel is back to Toronto! Rebranded as the 16th National Conference on Navigating Risk in Construction Projects and Contracts, this annual event will...more

International Lawyers Network

Buying and Selling Real Estate in Canada - Québec (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER CANADIAN (QUÉBEC) LAW - Unlike the other Canadian provinces and territories, which are all common law jurisdictions, Québec is a civil law jurisdiction. It is governed by the...more

International Lawyers Network

Buying and Selling Real Estate in Canada - Ontario (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER CANADIAN (ONTARIO) LAW - INTRODUCTION - Canada, a bijural country, utilizes both common and civil law. Except for Québec, a civil law jurisdiction, the common law operates...more

Bennett Jones LLP

Prompt Payment Update—Ontario Superior Court Confirms Adjudicator's Decision Is Not Final

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The enactment of prompt payment and fast-track adjudication legislation across Canada has created some uncertainty regarding the finality of an adjudicator's decision. In the recent decision of the Ontario Superior Court of...more

Bennett Jones LLP

Land Rich, Cash Poor: The Impacts of the PPCLA and Statutory Trusts on Builders' Liens

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Key Highlights - - Pursuant to the Prompt Payment and Construction Lien Act (the PPCLA), previously known as the Alberta Builders' Lien Act, funds paid following the issuance of a certificate of substantial performance are...more

American Conference Institute (ACI)

[Event] 7th Annual Conference on Managing Risk in Construction Contracts & Projects – Eastern Canada Edition - February 23rd -...

Hosted by CI, the 7th Annual Conference on Managing Risk in Construction Contracts & Projects – Eastern Canada Edition returns to Toronto for another exciting year with curated programming that addresses the most critical...more

American Conference Institute (ACI)

[Event] Managing Risk in Construction Contracts & Projects – Eastern Canada Edition - February 23rd - 24th, Toronto, ON, Canada

Reconnect with your peers and key stakeholders from construction companies, public sector, and infrastructure! The Canadian Institute’s 7th Annual Conference on Managing Risk in Construction Contracts & Projects – Eastern...more

International Lawyers Network

Buying and Selling Real Estate in Canada - Ontario (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER CANADIAN (ONTARIO) LAW - Canada, a bijural country, utilizes both common and civil law. Except for Québec, a civil law jurisdiction, the common law operates in all remaining...more

Bennett Jones LLP

Third Party Rights Not Absolute Bar on Rescission of Bonds Issued Due to Fraudulent Misrepresentation

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Key Highlights - - Interest of innocent third party without notice not an absolute bar on rescission remedy. - Lenders, project companies, subcontractors and suppliers should seek risk mitigation measures to decrease...more

Bennett Jones LLP

Prompt Payment and Construction Lien Act Now in Force in Alberta—What You Need to Know

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In an attempt to reduce delayed payment periods in Alberta, on August 29, 2022, the Prompt Payment and Construction Lien Act (the PPCLA) came into force replacing the Builder's Lien Act (the BLA). Although most of the BLA was...more

Bennett Jones LLP

Prompt Payment Legislation in Alberta: Coming to Alberta on August 29, 2022

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The Alberta Government has now confirmed that the Builders’ Lien (Prompt Payment) Amendment Act, 2020 (BLA) will come into force on August 29, 2022 when the Alberta Builders' Lien Act, will become the Prompt Payment and...more

Blake, Cassels & Graydon LLP

Alberta Publishes Regulations to the Prompt Payment and Construction Lien Act

The following is an update to our November 2020 and April 2021 bulletins about the introduction of the Alberta Prompt Payment and Construction Lien Act (Prompt Payment Act). Both bulletins highlighted that regulations to...more

International Lawyers Network

Buying and Selling Real Estate in Canada - Ontario

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER CANADIAN (ONTARIO) LAW - Canada, a bijural country, utilizes both common and civil law. Except for Québec, a civil law jurisdiction, the common law operates in all remaining...more

Bennett Jones LLP

Prompt Payment Legislation in Alberta: More Changes and Clarifications

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On October 21, 2020, following other Canadian jurisdictions, Bill 37, Builders' Lien (Prompt Payment) Amendment Act, 2020, passed its first reading in the Legislature of Alberta. If Bill 37 receives royal assent, it will,...more

Blake, Cassels & Graydon LLP

Alberta Introduces Significant Amendments to the Builders’ Lien Act

The Government of Alberta recently introduced the Builders’ Lien (Prompt Payment) Amendment Act, 2020 (Bill) in the Alberta Legislature. The Bill proposes, among other things, the introduction of prompt payment legislation...more

Bennett Jones LLP

Prompt Payment for Construction in Ontario

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Prompt payment arrived for Ontario's construction industry October 1, 2019. The final stage of implementation of the changes introduced the Construction Lien Amendment Act, 2017, came into force on October 1, 2019. Subject to...more

Bennett Jones LLP

Ontario Landlords May Now Have Lien Claim Exposure from Tenant’s Work

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The Construction Act (Ontario) (formerly known as the Construction Lien Act) (the “Act”) was substantially amended last year. The first phase of those amendments came into force in Ontario July 1, 2018. Under the Act as it...more

Bennett Jones LLP

Changes to Construction Law in Ontario

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On July 1, 2018, the first of the changes to the Ontario Construction Lien Act under the December 12, 2017, Construction Lien Amendment Act became effective. The statute we knew as the Construction Lien Act (Ontario) has been...more

Dickinson Wright

Summary of Amendments to Construction Lien Act

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In December 2017, the Ontario Legislature passed the Construction Lien Amendment Act, 2017 (the "Act"). The Act introduces significant changes to Ontario’s construction lien regime and is intended to reduce delays in...more

Blake, Cassels & Graydon LLP

Is Your Lien Up to Code? B.C. Court Decisions Provide Clarity on Application of Builders Lien Act

The British Columbia Supreme Court (Court) recently released two decisions regarding the application of the Builders Lien Act (Act), providing clarity on limitation periods for filing a lien claim and the circumstances where...more

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