A recent decision of the British Columbia Court of Appeal warned that the grounds for reviewing an arbitral award are narrow. In Boxer Capital Corp. v. JEL Investments Ltd., the court noted that arbitral dispute had gone through two separate arbitrations and nine (yes, nine) judicial proceedings already. The Court of Appeal said: “Surely that […]
Continue Reading →Grounds For Reviewing Arbitration Decisions Are Narrow: B.C. Court of Appeal
Posted by: Construction Law Canada
Supplier May Recover Against The General Contractor Based Upon A Promise Not To Register A Construction Lien
Posted by: Construction Law Canada
The Alberta Court of Appeal has recently decided an interesting issue relating to the right of a supplier to a subcontractor to enforce payment against the general contractor. The supplier alleged that the contractor had promised to pay it in exchange for the supplier’s agreement not to register a construction or builder’s lien. In Sherwood […]
Continue Reading →What Is The Effect Of Res Judicata On Arbitration?
Posted by: Construction Law Canada
The recent decision of the British Columbia Supreme Court in Boxer Capital Corp. v. JEL Investments Ltd. raises some fascinating issues with respect to the application of the doctrine of res judicata to the arbitration process. The court effectively held that res judicata applies with all its force and effect to arbitration. For this reason, […]
Continue Reading →The Mother Of All Tender Cases Revisited: Three More Issues
Posted by: Construction Law Canada
The last article about the decision of the Superior Court of Ontario in Envoy Relocation Services Inc. v. Canada (Attorney General), 2013 ONSC 2034 considered the impact of that case upon the Contract A – Contract B principles of tender law. There are many more interesting issues which emerge from that case. This article considers […]
Continue Reading →How Many Times Can A Contractor Sue The Owner Under The Same Construction Contract?
Posted by: Construction Law Canada
Can a contractor bring several claims against the owner arising from the same building contract? Multiple proceedings arising from the same contract certainly seem like a waste of time and money. And even if the contractor can do so, can those claims be asserted first in arbitration and then in court litigation? Once again, different […]
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