Exempt yourself from Rule 53 requirements for giving evidence with this one weird trick. Also featured inside this week’s edition: “Soil, not as stable as it looks”.
Continue readingCase Review – Ellcar Ventures Ltd. v MacLeod, 2023 BCSC 2095
Meet the litigant described by a veteran homebuilder as “the worst person we’ve ever built for”, learn the intricacies of repudiation.
Continue readingCase Review – Backyard XP Inc. v. Cesario-Valela, 2023 ONSC 6312
To have a just cause is to be in the right, but “technically right” is the best kind of right. Your timely reminder that statutes have regulations and regulations have bite.
Continue readingCase Review – 1361556 Alberta Ltd. v. Ristorante Cosa Nostra Inc., 2023 ABKB 590
An Italian restaurant serves up a tale of betrayal and vengeance, featuring financial ruin, a wildfire, and untimely death. Even more interesting, a study of when exactly a landlord acquires liability for a builders’ lien.
Continue readingCase Review – BSSD Excavating & Landscaping Ltd. v. Green Blvd. Construction Ltd., 2023 BCSC 1685
Can a lien be cancelled if it claims an unreasonable amount owed? Can s. 24 of the Builders Lien Act be used as a backdoor method of cancelling a lien? Are remedies under the Land Title Act available in a builders’ lien action? Is there a price to be paid for asking these questions? The answers lie within.
Continue readingCase Review – S3i Inc. v. Ecolomondo Environmental (Hawkesbury) Inc., 2023 ONSC 5071
A meditation on abandonment. Also a comparison of section 47 and rule 20 applications.
Continue readingCase Review – Sjostrom Sheet Metal Ltd. v. Geo A. Kelson Company Limited, 2023 ONSC 4959
A stitch in time saves none (unless it’s properly documented in accordance with the terms of the contract).
Continue readingCase Review – 1936230 Ontario Inc. v. Hari Kaush Developments Ltd., 2023 ONSC 4718
In which a summary application goes from easy to nightmarish, and civil litigators encounter that most feared thing: the rules of evidence.
Continue readingCase Review – Witmar Holdings Ltd. v. Stober Construction Ltd., 2023 BCSC 1378
In which the right to enjoy an afternoon beer on your rooftop patio is balanced against large economic losses to a construction company. The score at halftime? Beer: 1, Construction Company: 0.
Continue readingHow Much Weight Should be Afforded to an Adjudicator’s Decision?
Whose decisions are entitled to more deference, a consultant’s or an adjudicator’s?
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