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Legal Blog:

Nov
01
2001

Naylor

Posted in Construction

There are some cases that are so interesting that we get to write about them three times: at trial, on appeal, and in the Supreme Court of Canada. However, by the third time the writing passion wanes. It is fortunate that further appeals to the English Privy Council were abolished in the 1930s. Naylor Group v. Ellis-Don Construction has now been decided in the Supreme Court of Canada. Our views of the trial and appeal decisions can be found in the January 1997 and September 1999 newsletters.

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Nov
01
2001

Unbelievable

Posted in Construction

There are times when one reads a case and one’s jaw drops open in amazement. The case of Ring Contracting Ltd. v. PCL Constructors Canada Inc., a decision of the British Columbia Supreme Court, is one of those.

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Nov
01
2001

Nasty Business

Posted in Construction

Statutory declarations are a part of every project. Someone swears that all accounts for material and labour have been paid, except for legitimate holdbacks. A general supplies a statutory declaration to the owner, the subs in turn supply one to the general, and so on down the chain. The statutory declarations give a payer some comfort that there will be no lien claim coming out of the woodwork. 

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