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Legal Blog:
Jan
01
2006
Forked Tongue Leave
In our newsletter of July 2005, we discussed the case of Double N Earthmovers Ltd. v. City of Edmonton, a 2005 decision of the Alberta Court of Appeal. The owner had not checked whether a tenderer had complied with the specifications before it let the contract and, after it let the contract, waived the impugned specifications. The court held that the owner owed no duty to the other tenderer, who had complied with the specifications, after the owner let the contract. The Supreme Court of Canada has allowed the other tenderer leave to appeal the decision.
Continue Reading >Jan
01
2006
Consultant Appeal
In our November 2003, we discussed the case of Del Ridge Construction Inc. v. General Accident Assurance Co. of Canada, a 2003 decision of the Ontario Superior Court of Justice. In that case, on a summary judgment motion, the judge allowed the consultant to amend a payment certificate. Accordingly, the owner was allowed to maintain its defence that the general had not completed as much of the project as the general had claimed and that the consultant had originally certified.
Continue Reading >Jan
01
2006
Consideration
One person says to another, “Do the work; if the person with whom you have contracted does not pay you, I will.” The other person, does not pay. Is the person who made the promise liable to pay? This was the main issue in 1379691 Ontario Ltd. v. Appugliese, a 2005 decision of the Ontario Superior Court of Justice.
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