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Legal Blog:
Jul
01
2005
Rewards
We always look for cases in which a lien action is unsuccessful and the person registering the lien must then defend a claim for damages arising out of the registration of an improper or excessive lien. One such case is MHA Contracting Inc. v. Christie Mechanical Contractors Ltd., a 2005 decision of the Ontario Superior Court of Justice.
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01
2005
Forked Tongue
The courts have dealt with what one would have thought was all conceivable tender issues. However, more keep coming. What happens when the successful tenderer achieves that success based on a tender that was, on its face, compliant, but, actually, was not compliant? Does the owner, who has already awarded the contract, have to terminate the contract and then re-award it? This question was answered in Double N Earthmovers Ltd. v. City of Edmonton, a 2005 decision of the Alberta Court of Appeal.
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