Factors Western Inc v DCR Inc, 2021 ABCA 433

JudgeThe Honourable Justice J.D. Bruce McDonald,The Honourable Justice Barbara Lea Veldhuis,The Honourable Justice Jo'Anne Strekaf
Citation2021 ABCA 433
Date23 December 2021
CourtCourt of Appeal (Alberta)
Docket Number2001-0016AC
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6 practice notes
  • Rojda Stucco Ltd v McNeill,
    • Canada
    • Court of Appeal (Alberta)
    • November 21, 2024
    ...296 at 302; Maple Reinders Inc v W Dalton Energy Corp, 2007 ABCA 247 at para 21, 284 DLR (4th) 249; and Factors Western Inc v DCR Inc, 2021 ABCA 433 at para 58, 42 Alta LR (7th) 14 To this end, s 48 of the Act allows an applicant to obtain a court order removing a lien from title and substi......
  • Owners Beware: Factoring Invoices Should Not Be Factored Into The Major Lien Fund
    • Canada
    • Mondaq Canada
    • June 9, 2022
    ...Western Inc. v DCR Inc., 2021 ABCA 433 ("Factors Western"), the main issue that the Alberta Court of Appeal was faced with was determining whether or not an invoice that was factored between a project owner, a general contractor (who had since been placed into receivership), and a third par......
  • Owners Beware: Factoring Invoices Should Not Be Factored Into The Major Lien Fund
    • Canada
    • Mondaq Canada
    • June 9, 2022
    ...Western Inc. v DCR Inc., 2021 ABCA 433 ("Factors Western"), the main issue that the Alberta Court of Appeal was faced with was determining whether or not an invoice that was factored between a project owner, a general contractor (who had since been placed into receivership), and a third par......
  • Factoring Arrangements And Builders' Liens: How To Take Them Into Account
    • Canada
    • Mondaq Canada
    • January 20, 2022
    ...factored invoice form part of the lien fund? The Alberta Court of Appeal was faced with this scenario in Factors Western Inc. v DCR Inc., 2021 ABCA 433. Background Point Design, as owner, contracted with DCR, as contractor, to complete a construction project. DCR issued an invoice to Point ......
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2 cases
  • Rojda Stucco Ltd v McNeill,
    • Canada
    • Court of Appeal (Alberta)
    • November 21, 2024
    ...296 at 302; Maple Reinders Inc v W Dalton Energy Corp, 2007 ABCA 247 at para 21, 284 DLR (4th) 249; and Factors Western Inc v DCR Inc, 2021 ABCA 433 at para 58, 42 Alta LR (7th) 14 To this end, s 48 of the Act allows an applicant to obtain a court order removing a lien from title and substi......
  • Tempo Alberta Electrical Contractors Co. Ltd. v Man-Shield (Alta) Construction Inc., 2022 ABCA 409
    • Canada
    • Court of Appeal (Alberta)
    • December 12, 2022
    ...where all sections form part of one comprehensive package relating to property and civil rights”: Factors Western Inc v DCR Inc, 2021 ABCA 433 [Factors Western] at para 58. [10]           Lien legislation aims to balance the interests......
4 firm's commentaries
  • Owners Beware: Factoring Invoices Should Not Be Factored Into The Major Lien Fund
    • Canada
    • Mondaq Canada
    • June 9, 2022
    ...Western Inc. v DCR Inc., 2021 ABCA 433 ("Factors Western"), the main issue that the Alberta Court of Appeal was faced with was determining whether or not an invoice that was factored between a project owner, a general contractor (who had since been placed into receivership), and a third par......
  • Owners Beware: Factoring Invoices Should Not Be Factored Into The Major Lien Fund
    • Canada
    • Mondaq Canada
    • June 9, 2022
    ...Western Inc. v DCR Inc., 2021 ABCA 433 ("Factors Western"), the main issue that the Alberta Court of Appeal was faced with was determining whether or not an invoice that was factored between a project owner, a general contractor (who had since been placed into receivership), and a third par......
  • Factoring Arrangements And Builders' Liens: How To Take Them Into Account
    • Canada
    • Mondaq Canada
    • January 20, 2022
    ...factored invoice form part of the lien fund? The Alberta Court of Appeal was faced with this scenario in Factors Western Inc. v DCR Inc., 2021 ABCA 433. Background Point Design, as owner, contracted with DCR, as contractor, to complete a construction project. DCR issued an invoice to Point ......
  • Factoring Arrangements And Builders' Liens: How To Take Them Into Account
    • Canada
    • Mondaq Canada
    • January 20, 2022
    ...factored invoice form part of the lien fund? The Alberta Court of Appeal was faced with this scenario in Factors Western Inc. v DCR Inc., 2021 ABCA 433. Background Point Design, as owner, contracted with DCR, as contractor, to complete a construction project. DCR issued an invoice to Point ......