The case of Electro-Works Ltd. v. Fogler, Rubinoff LLP expands the scope of liability for breach of trust to include monies received through settlement funds and applied as payment for lawyers’ fees.
In the Spring of 2021, Dan Fridmar prepared an information video for the Tourism Industry Association of Yukon (TIAY) on the basics and fundamentals of Bankruptcy Law in Canada. We’re excited to share this information with you now!
A common misconception is that a discharged construction lien can be revived if additional services or materials are supplied to the subject property. This is not the case. Once the door closes on your lien rights, it will never re-open.
Trust and reputation are essential in the construction industry, both of which take time and experience to develop. For this exact reason, the construction industry often relies on joint cheque agreements to create a level of comfort between established subcontractors/trades and new contractors
Understanding the crucial difference between Owners and Home Buyers as defined under the Construction Act helps Subcontractors keep track of and keep alive their lien rights.
While the legislature has not commented on the effect of COVID-19 on construction limitation periods, the Courts have tried to provide some direction as to how they would treat the lack of strict compliance with the otherwise truncated limitation periods in the Act.
In bankruptcy proceedings, there are two players: Licensed Insolvency Trustees and Bankruptcy Lawyers. It is important to note who to call first.
In this case, the Court considers the importance of establishing a direct connection/chain between the party claiming a trust relationship and the party against whom trust obligations are imparted.