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Searching Content indexed under Contracts and Commercial Law by Field LLP ordered by Published Date Descending.
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1
Case Summary: Enterprise Rent-A-Car v Intact Insurance
The legislation setting out priorities among insurers in a rental/leased vehicle situation only applies to those polices which provide coverage and the term "listed driver" in an auto policy is not
Canada
11 Mar 2019
2
Case Summary: Weir-Jones Technical Services Incorporated v Purolator Courier Ltd
The Alberta Court of Appeal clarifies the test for summary judgment and dismissal.
Canada
11 Mar 2019
3
Show Me The Money! Timing The Release Of Holdback
In Alberta, where a contractor is of the opinion that the work under its contract is substantially performed, the contractor may issue ...
Canada
14 Feb 2019
4
Tick-Tock Goes The Lien Clock
Builders' liens are an important tool, providing contractors, subcontractors, and suppliers security for unpaid work. The template s.48 Order requires a lien claimant to file a Statement of Claim
Canada
31 Jan 2019
5
Field Law Post-Secondary Summit 2018
The third annual Field Law Post-Secondary Summit was held on November 29 in Edmonton, and was co-chaired by Greg Harding, QC and Derek Cranna.
Canada
2 Jan 2019
6
Case Summary: Green v Khattab
Summary judgment ordering specific performance of a settlement reached during a binding Judicial Dispute Resolution was upheld
Canada
9 Nov 2018
7
How Do "Smart Contracts" Fit With "Traditional Contracts"?
A "smart contract" is really a set of computer programs designed to automatically execute certain transaction steps, provided certain conditions are met.
Canada
6 Nov 2018
8
Smart Contracts (Part 2): Intermediaries? We Don't Need No Stinkin' Intermediaries!
In Part 1, we looked at smart contracts, and how "smart" they really are – if you need some background, start there.
Canada
26 Jul 2018
9
Consequential Consequences: Contractually Excluding Damages For Lost Profits
Clauses that exclude or limit the recovery of consequential or indirect damages are common in construction, services and other commercial contracts. These clauses can play an important role in risk allocation.
Canada
6 Jul 2018
10
Definitive Deference: How Courts Treat Consultants' Decisions
(May 22, 2018, 8:55 AM EDT) -- The consultant's role on a construction project is important and includes interpreting the underlying construction contract, certifying work as sufficiently complete ...
Canada
29 May 2018
11
Can Smart Contracts Really Be Smart?
This quote sounds like it resonates today.
Canada
17 May 2018
12
Mitigate Before You Litigate: Recovering Damages For Renovations Gone Wrong
The Court will not always resolve a construction contract dispute against a contractor who clearly provided deficient work.
Canada
23 Feb 2018
13
When Calculating Lien Periods, It's Convenient To Be Prevenient
Under section 41 of the Builders' Lien Act (the "BLA") a lien must be registered within 45 days (or 90 days for an oil or gas well or well site) after the last day services or materials are furnished.
Canada
23 Feb 2018
14
Through The Scratched Looking Glass: Sattva, Ledcor, Teal And Developments In The Law Of Contract
The 2014 Sattva Capital Corp. v. Creston Moly Corp. decision of the Supreme Court of Canada resulted in two significant changes to the law of contract in Canada.
Canada
18 Dec 2017
15
Procedure; Alberta Rules of Court; "Drop Dead" Rule
The Respondent, Ursa Ventures Ltd., sued the Appellant City of Edmonton for damages relating to a contract to provide electrical components.
Canada
13 Nov 2017
16
Vermilion & District Housing Foundation v Binder Construction Limited
The Alberta Court of Queen's Bench holds surety liable under a performance bond for consequential damages suffered by an obligee as result of defaulting contractor.
Canada
7 Nov 2017
17
Defence & Indemnity - August 2017
The Court may refuse to apply an insurance policy provision where it would lead to an unjust result in the circumstances, per s. 545(1) of the Insurance Act or pursuant to the Court's ability to...
Canada
30 Aug 2017
18
A Binding "Clickwrap Agreement" From Paper?
Consumers and businesses routinely enter into binding contracts by means of both paper agreements and online "click-through" agreements.
Canada
14 Jul 2016
19
Clickwrap Agreement From A Paper Contract?
Can a binding contract be formed merely with a link to another set of terms? (For background on this topic, check out our earlier post What, exactly, is a browsewrap? which reviews browsewraps, clickwraps, clickthroughs, terms of use, terms of service and EULAs).
Canada
20 Apr 2016
20
Limitations Of Liability: Do They Work In The Alberta Oilpatch?
Let's consider that contract you're about to sign. Does it contain a limitation of liability? And if so, are those even enforceable?
Canada
28 Sep 2015
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