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

JudgeRowbotham, Wakeling and Schutz, JJ.A.
Citation2016 ABCA 249
CourtCourt of Appeal (Alberta)
Subject MatterTRUSTS
Date29 August 2016
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21 practice notes
  • 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”) &......
  • 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......
  • 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
  • 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”) &......
  • 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......
  • 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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