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Tercon Contractors? The Latest Chapter

March 2, 2012

The 2010 decision of the Supreme Court of Canada in Tercon Contractors Ltd v. British Columbia (Transportation and Highways) is one of the most important

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What Mortgage Payments Are “Advances” That Have Priority Over Lien Claims?

March 25, 2012

A recurring issue for construction and builders liens is whether the liens have priority over mortgage advances.  One question which does not often arise is:

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Decision Holding That Demolition Is Not An Improvement Is Reversed

April 7, 2012

In my article dated December 11, 2011, I reported on a decision of the British Columbia Supreme Court holding that demolition is not an “improvement”

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Can You Change Horses When Appealing From An Arbitration Decision?

April 15, 2012

Arbitration and court proceedings may be different, but can a party substantially change its position when it appeals from an arbitration award to the court? 

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What Does A CGL Policy Cover After Progressive Homes?

September 30, 2012

A:        OVERVIEW The decision of the Supreme Court of Canada in Progressive Homes Ltd. v. Lombard General Insurance Co of Canada[1]  is a seminal decision

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Which Term Prevails In A Building Contract: The Specifications, Or A Warranty Of Fitness For Purpose?

January 13, 2013

A building contract usually includes a term requiring that the work or materials supplied adhere to the specifications. The contract may also contain implied or

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