Valard Construction Ltd. v. Bird Construction,
| Judge | Rowbotham, Wakeling and Schutz, JJ.A. |
| Court | Court of Appeal (Alberta) |
| Citation | 2016 ABCA 249 |
| Date | 29 August 2016 |
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21 practice notes
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Capital Steel Inc v Chandos Construction Ltd, 2019 ABCA 32
...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. (“This interpretation was not one that the words may bear. It is implausible”); Lawson Store Service Co.......
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Canada v. Canada North Group Inc., 2019 ABCA 314
...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......
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Wall v. Highwood Congregation of Jehovah's Witnesses et al., 2016 ABCA 255
...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......
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Composite Technologies Inc. v. Shawcor Ltd., 2017 ABCA 160
...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”) &......
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10 cases
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Wall v. Highwood Congregation of Jehovah's Witnesses et al., 2016 ABCA 255
...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......
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Composite Technologies Inc. v. Shawcor Ltd., 2017 ABCA 160
...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”) &......
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Canada v. Canada North Group Inc., 2019 ABCA 314
...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......
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Valard Construction Ltd. v. Bird Construction Co., 2018 SCC 8
...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
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Unpaid Subcontractors Beware
...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 disclose it......
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Unpaid Subcontractors Beware
...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......
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Defence & Indemnity - December 2016: V. SURETY AND BOND ISSUES
...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......
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Part 2: Unpaid Subcontractors Beware
...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 subcontractors......
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