Factors Western Inc v DCR Inc

JurisdictionAlberta
CourtCourt of Appeal (Alberta)
JudgeThe Honourable Justice J.D. Bruce McDonald,The Honourable Justice Barbara Lea Veldhuis,The Honourable Justice Jo'Anne Strekaf
Citation2021 ABCA 433
Docket Number2001-0016AC
Date23 December 2021

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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 ......
  • Get Started for Free
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 ......