Yearly Archives: 2017

Affirming an Owner’s Right to Rely on a Privilege Clause: Surespan Construction Ltd. v. Saskatchewan

In the recent decision of Surespan Construction Ltd. v. Saskatchewan, 2017 SKQB 55, the Saskatchewan Court of Queen’s Bench dismissed a summary judgment application brought by the Plaintiff, Surespan Construction Ltd., against the Saskatchewan Ministry of Highways and Transportation …

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Beware the Subsequent Contract

A contractor is hired to renovate a bathroom, enters into a written contract, completes the work and is paid.  A month later, the client calls back and asks for some minor work in a second bathroom.  An engineer enters into …

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Missing the Forest for the Trees in Construction Contract Review

Construction contracts are often daunting stacks of paper. It is not uncommon for even basic standard form agreements to include fifty plus pages of general conditions, plus appendices, schedules and other attachments.

In reviewing such contracts, where does one start …

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Sanctity of Contracts Trumps Court’s Sympathy for Delay in Bringing Claim: Thom v. Laird Custom Homes Ltd.

In the recent decision of Thom v. Laird Custom Homes Ltd., 2017 BCSC 1577, the BC Supreme Court upheld the dismissal of an application by the Plaintiffs, Graham and Michel Thom, to add Hearth Architectural Inc. as a defendant to …

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Clearing the Air Around Air Space Rights

A recent B.C. case has addressed the legal issues surrounding tower cranes and their infringement upon neighboring land. If followed, the case may significantly redefine the discussions between developers and adjacent owners over airspace rights.

The law in Canada is …

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