Alberta construction adjudications are final and binding? Judicial interpretation of Part 5 of the Prompt Payment and Construction Lien Act
In addition to extending lien periods, the Alberta Prompt Payment and Construction Lien Act,[1] which came into force on August 29, 2022, also introduced the concepts of “prompt payment” and construction adjudication to the province. As we near the two-year […]
Timeliness of lien litigation, consent orders and Lesenko v Wild Rose Ready Mix Ltd
A recent decision from Justice Feasby of the Alberta Court of King’s Bench saw a curious result with respect to a commonly used practice in lien proceedings that will likely have broad (and possibly unintended) implications.[1] It is widely known […]
When can an electronic message extend a limitation period in Alberta?
Background / Overview Limitation periods are a tenet of modern legal systems. At a high level, these imposed requirements provide a specific period of time within which action must be taken with respect to commencing a legal claim, failing which […]
Recueil de droit de la construction
Dans le cadre de sa conférence annuelle du 5 octobre 2023, le groupe en droit de la construction de Miller Thomson a rédigé un recueil de textes éclairants portant sur les sujets abordés lors de l’événement. Télécharger le PDF (6.6 […]
Enforceability of non-competition clauses and damages for mental distress in commercial agreements: Ruel v Rebonne, 2023 ABCA 156
Introduction and overview In Ruel v Rebonne, 2023 ABCA 156,[1] the Alberta Court of Appeal (“ABCA”), upheld a 5-year non-competition clause in a purchase and sale agreement as being reasonable. In doing so, the Court confirmed the proper approach for […]
CCS Contracting Ltd. v. Condominium Corporation No. 1520090 and certificates of Lis Pendens under the Prompt Payment and Construction Lien Act
Introduction The Prompt Payment and Construction Lien Act (the “PPCLA”),[1] and it’s predecessor the Builders’ Lien Act, have a few overarching themes, one of which is efficient and streamlined dispute resolution both to ensure funds are promptly paid, and to […]
Alberta’s new prompt payment and construction lien legislation: An overview
On August 29, 2022, the Prompt Payment and Construction Lien Act, RSA 2000, c P-26.4 (the “Act”), came into force in Alberta. The construction lawyers at Miller Thomson LLP have been preparing for the Act’s implementation for over a year […]
It’s only money: Pure economic loss and the decision of Rieger v. Plains Midstream Canada ULC, 2022 ABCA 28
On January 31, 2022, the Alberta Court of Appeal (ABCA) issued its decision in Rieger v. Plains Midstream Canada ULC.[1] The ABCA adopted the analysis as set out in the Supreme Court of Canada (SCC) decision, 1688782 Ontario Inc. v. […]
What to expect as the implementation of prompt payment in Alberta looms: The final countdown
The Alberta Prompt Payment and Construction Lien Act (the “Act”) is set to be implemented on August 29, 2022. As this date approaches, we have some final notes on what businesses can expect as the Act comes into force. Our […]
What damages can you lien for? PME Inc v Enerkem Alberta Biofuels LP (Enerkem Alberta Biofuels GP Inc), 2021 ABQB 889
The decision of the Alberta Court of Queen’s Bench in PME Inc v Enerkem Alberta Biofuels LP (Enerkem Alberta Biofuels GP Inc)[1] considers whether the lien fund or the value of a builders’ lien under the Alberta Builders’ Lien Act, […]
