In the recently released decision in Riddell Kurczaba Architecture Engineering Interior Design Ltd v. Governors of the University of Calgary, 2018 CarswellAlta 10, 2018 ABQB 11, the Alberta Court of Queen’s Bench applied three potential aids to the interpretation to a client-consultant contract: contra proferentem; post-contract conduct; and estoppel. The court also applied the limitation […]
Continue Reading →Alberta Court Applies Principles Of Contract Interpretation And Limitations To A Client-Consultant Contract
Posted by: Construction Law Canada
Contract Limitation Clause Precludes Contractor’s Claim Over Against Designer
Posted by: Construction Law Canada
The limitation periods which apply to construction claims are difficult to sort out at the best of times. They are even more complicated when the limitation period applies to a claim over for contribution or indemnity. That situation arises when the owner sues the contractor and the contractor then seeks contribution or indemnity from another […]
Continue Reading →Discovery Of Facts Following Mediation Impacts The Limitation Period: Ontario Court Of Appeal
Posted by: Construction Law Canada
In 625805 Ontario Ltd. v. Silverwood Flooring Inc., the Ontario Court of Appeal has recently held that the discovery of facts following a mediation had the effect of extending the limitation period. This decision has an important impact on the limitation period for all claims, and particularly claims arising from building projects, in which the […]
Continue Reading →Ontario Court Has No Power To Extend Period For Setting Aside A Domestic Arbitral Award
Posted by: Construction Law Canada
In R & G Draper Farms (Keswick) Ltd. v. 1758691 Ontario Inc., the Ontario Court of Appeal recently held that an Ontario court has no power to extend the time for an application to review or appeal from a domestic arbitration award. This is an important decision for anyone involved in arbitrations, especially in light […]
Continue Reading →English Courts Enforce An Obligation To Mediate And Negotiate
Posted by: Construction Law Canada
The articles on this site have often alerted the readers to the hidden dangers of mediation and negotiation clauses in construction contracts. The principle danger is that these sorts of clauses may be unenforceable, for two reasons. The wording of the particular clause may be drafted in such a way as to create no enforceable […]
Continue Reading →Alberta Court Of Appeal Holds That A Court Action Is Not A Notice Of Arbitration
Posted by: Construction Law Canada
In previous articles I have warned readers about the dangers of the limitation period in relation to arbitration claims. You can look at my prior articles dated July 17, 2011, February 26, 2012 and August 26, 2012. These dangers are highlighted by the recent decision of the Alberta Court of Appeal in Lafarge Canada Inc. […]
Continue Reading →Is A “May Arbitrate” Clause Mandatory Or Permissive?
Posted by: Construction Law Canada
What is the meaning of an arbitration clause which states that a dispute “may be determined by arbitration”? Does the clause mean that the arbitration process is permitted but not mandatory? Or does the word “may” mean that the parties do not have to have a dispute, but if they do, the arbitration clause applies? […]
Continue Reading →Does A Mediation Agreement Suspend The Limitation Period Or The Period To Set Down A Lien For Trial?
Posted by: Construction Law Canada
An agreement to mediate is often found in arbitration and building contracts. Yet, the impact of mediation upon court or arbitral proceedings is uncertain. Does an agreement to mediate mean that, until the mediation occurs, there is no cause of action and therefore there is no entitlement to commence arbitration or an action? In that […]
Continue Reading →Six Points To Consider Before Commencing An Arbitration
Posted by: Construction Law Canada
On October 10, 2012, I gave a speech at an Advocates’ Society program. The program was entitled Arbitration is the New Black. My presentation focused on seven issues which should be addressed when a party is contemplating the commencement of an arbitration. Starting the arbitration seems like the easiest thing in the world. After all, […]
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