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Valard Construction Ltd. v. Bird Construction, 2016 ABCA 249

Judgment Cited authorities 50 Cited in 23 Precedent Map Related
Vincent
JudgeRowbotham, Wakeling and Schutz, JJ.A.
CourtCourt of Appeal (Alberta)
Subject MatterTRUSTS
Citation2016 ABCA 249
Date29 August 2016
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21 practice notes
  • Wall v. Highwood Congregation of Jehovah's Witnesses et al., 2016 ABCA 255
    • Canada
    • Court of Appeal (Alberta)
    • September 8, 2016
    ...Disputes – Some Constitutional Considerations", 74 Yale L.J. 1113 (1965). 67. See Valard Construction Ltd. v. Bird Construction Co. , 2016 ABCA 249, ¶ 159 ("A court tasked with the resolution of an issue that it has not resolved before must turn to first principles for guidance. This has al......
  • Canada v. Canada North Group Inc., 2019 ABCA 314
    • Canada
    • Court of Appeal (Alberta)
    • August 29, 2019
    ...meaning would give the text an implausible meaning. A court may never do this”) & Valard Construction Ltd. v. Bird Construction Co., 2016 ABCA 249, ¶ 184; 57 C.L.R. 4th 171, 236 per Wakeling, J.A. in dissent (“The text of the bond does not support the interpretation the trial judge gave......
  • Composite Technologies Inc. v. Shawcor Ltd., 2017 ABCA 160
    • Canada
    • Court of Appeal (Alberta)
    • June 23, 2017
    ...meaning would give the text an implausible meaning. A court may never do this”); Valard Construction Ltd. v. Bird Construction Co., 2016 ABCA 249, ¶ 184; 57 C.L.R. 4th 171, 236 per Wakeling , J.A. in dissent (“This interpretation was not one that the words may bear. It is implausible”) &......
  • Valard Construction Ltd. v. Bird Construction Co., 2018 SCC 8
    • Canada
    • Supreme Court (Canada)
    • February 15, 2018
    ...Lionel D. Smith. Toronto: Carswell, 2012. APPEAL from a judgment of the Alberta Court of Appeal (Rowbotham, Wakeling and Schutz JJ.A.), 2016 ABCA 249, [2017] 2 W.W.R. 46 , 57 C.L.R. (4th) 171 , 42 Alta. L.R. (6th) 223 , [2016] A.J. No. 859 (QL), 2016 CarswellAlta 1584 (WL Can.), settin......
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10 cases
  • Canada v. Canada North Group Inc., 2019 ABCA 314
    • Canada
    • Court of Appeal (Alberta)
    • August 29, 2019
    ...meaning would give the text an implausible meaning. A court may never do this”) & Valard Construction Ltd. v. Bird Construction Co., 2016 ABCA 249, ¶ 184; 57 C.L.R. 4th 171, 236 per Wakeling, J.A. in dissent (“The text of the bond does not support the interpretation the trial judge gave......
  • Wall v. Highwood Congregation of Jehovah's Witnesses et al., 2016 ABCA 255
    • Canada
    • Court of Appeal (Alberta)
    • September 8, 2016
    ...Disputes – Some Constitutional Considerations", 74 Yale L.J. 1113 (1965). 67. See Valard Construction Ltd. v. Bird Construction Co. , 2016 ABCA 249, ¶ 159 ("A court tasked with the resolution of an issue that it has not resolved before must turn to first principles for guidance. This has al......
  • Composite Technologies Inc. v. Shawcor Ltd., 2017 ABCA 160
    • Canada
    • Court of Appeal (Alberta)
    • June 23, 2017
    ...meaning would give the text an implausible meaning. A court may never do this”); Valard Construction Ltd. v. Bird Construction Co., 2016 ABCA 249, ¶ 184; 57 C.L.R. 4th 171, 236 per Wakeling , J.A. in dissent (“This interpretation was not one that the words may bear. It is implausible”) &......
  • Valard Construction Ltd. v. Bird Construction Co., 2018 SCC 8
    • Canada
    • Supreme Court (Canada)
    • February 15, 2018
    ...Lionel D. Smith. Toronto: Carswell, 2012. APPEAL from a judgment of the Alberta Court of Appeal (Rowbotham, Wakeling and Schutz JJ.A.), 2016 ABCA 249, [2017] 2 W.W.R. 46 , 57 C.L.R. (4th) 171 , 42 Alta. L.R. (6th) 223 , [2016] A.J. No. 859 (QL), 2016 CarswellAlta 1584 (WL Can.), settin......
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9 firm's commentaries
  • Defence & Indemnity - December 2016: V. SURETY AND BOND ISSUES
    • Canada
    • JD Supra Canada
    • January 30, 2017
    ...such a bond to potential bond claimants until specifically asked about its existence. Valard Construction Ltd. v Bird Construction Co., 2016 ABCA 249 per Schutz,J.A. (Rowbotham concurring); Wakeling, J.A. in I. FACTS AND ISSUES Bird Construction Company ("Bird"), as general contractor, ente......
  • Unpaid Subcontractors Beware
    • Canada
    • Mondaq Canada
    • September 19, 2016
    ...for subcontractors and suppliers and by reducing the risk of builders' liens. In Valard Construction Ltd v Bird Construction Company, 2016 ABCA 249 [Valard], a majority of the Alberta Court of Appeal confirmed that, unless asked, an owner/trustee under an L&M Bond has no duty to disclos......
  • Unpaid Subcontractors Beware
    • Canada
    • JD Supra Canada
    • September 15, 2016
    ...suppliers and by reducing the risk of builders’ liens. In Valard Construction Ltd v Bird Construction Company, 2016 ABCA 249 [Valard], a majority of the Alberta Court of Appeal confirmed that, unless asked, an owner/trustee under an L&M Bond has no duty to disclose its existence to subcontr......
  • Part 2: Unpaid Subcontractors Beware
    • Canada
    • Mondaq Canada
    • February 27, 2018
    ...Unpaid Subcontractors Beware, which commented on the Court of Appeal's decision in Valard Construction Ltd v Bird Construction Company, 2016 ABCA 249. In that decision, the Court of Appeal held that the trustee under a labour and material bond (L&M Bond) had no duty to inform subcontrac......
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