Legal Blog:
Naylor
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.
Continue Reading >Unbelievable
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.
Continue Reading >Nasty Business
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.
Continue Reading >