How a Thumbs Up Emoji Set Contract Precedent in Canada 👍📝⚖️✍️
Authors: Adrienne Adams and Hannah Plant In the recent decision, South West Terminal Ltd. v Achter Land, 2023 SKKB 116, a Saskatchewan Judge found the ... Continued
Unjust Enrichment and Construction Contracts, Case Comment on Hans Demolition & Excavating Ltd. v. Green Oak Development (West 7th) Corp., 2021 BCSC 1472
The issue of whether or not a subcontractor can advance a claim of unjust enrichment (payment for work performed that a party received a benefit ... Continued
Put It in Writing
All Out Contracting Ltd. v. Gourlay, 2020 BCSC 481, is another reminder that parties should agree to the terms of the construction contract in writing. ... Continued
Construction Contracts: Civic and Legal Obligations Arising from COVID-19
COVID-19 has had a profound impact on our daily lives. Construction firms are also grappling with how to proceed in light of the requirements for ... Continued
Beware the Early Termination of Contracts
The recent decision of the British Columbia Supreme Court in Six Factor Professional Services Ltd. v Aquilini Investment Group Limited Partnership, 2020 BCSC 127 is ... Continued
Latest from BC Supreme Court on the claims of specific performance and damages
In a recent case, Bajwa v. Habib, 2019 BCSC 721, the BC Supreme Court clarified the law with respect to whether a party that was ... Continued
Case Comment – Modern Cleaning Concept Inc. v. Comité paritaire de l’entretien d’édifices publics de la région de Québec: Independent Contractors vs. Employees
The case of Modern Cleaning Concept Inc. v. Comité paritaire de l’entretien d’édifices publics de la région de Québec, 2019 SCC 28 provides the Supreme ... Continued
Cheese or Chalk – Pay When Paid Clauses
Trades in construction projects expect to be paid when the work they have done is on-time and without defect. However, construction trades are more and ... Continued
Conditions to Closing
One term that you may hear when negotiating the sale of your business – or the purchase of a new business – is “conditions precedent” ... Continued
Duty of Good Faith and Honest Performance Extended to All Contracts in Canada
On November 13, 2014, the Supreme Court of Canada updated Canadian common law by extending for the first time the principle of good faith to ... Continued