Prompt Payment and Construction Lien Act
The Prompt Payment and Construction Lien Act The Prompt Payment and Construction Lien Act (PPCLA) is coming into force on August 29, 2022, through the passing of Bill 37, which amends the Builder’s Lien Act. The Builder’s Lien Act is amended to better ensure that payment of contractors and subcontractors is given in a […]
Court denies bank recovery on mortgage fraud
In an unusual trial decision a decade in the making, the court has denied a bank – and ultimately, its default insurer – recovery against a fraudulent straw buyer, on the basis that the bank had participated in the fraud. TD Bank v. Whitford (2020 ABQB 802) was the decision after a trial wherein the […]
Court of Appeal upholds use of “virtual court” during pandemic
Case Commentary on Carbone v McMahon, 2020 ABCA 388 In a new decision, the Alberta Court of Appeal has confirmed the court’s usage of “virtual court” proceedings during the Covid-19 pandemic, denying rescheduling to a litigant who wanted to make her arguments in person. Carbone v. McMahon (2020 ABCA 328) was an appeal to the […]
Paying prior mortgage arrears: Risks versus Rewards
As legal counsel to mortgage lenders, we are frequently asked by second or third mortgage lenders whether they should pay the arrears on a prior mortgage that is in default. Fundamentally, this is a business decision, not a legal one, but there are several factors that a mortgage lender should consider when making this decision. […]