Proposed Replacement to the New Brunswick Mechanics Lien Act Introduced...

The New Brunswick Office of the Attorney General has recently submitted a proposed replacement to the current Mechanics Lien Act, SNB 1973, c.M-6. The new Act, called the Construction Remedies Act, was introduced in the provincial legislature for first reading on June 9, 2020. The proposal is to repeal the current Mechanics Lien Act and […]

How do borrowers and lenders manage during an economic downturn?

COVID-19’s impacts on our lives now include massive intrusions into the arrangements between borrowers and lenders. Customers have disappeared. Revenues have disappeared. But financial obligations remain. How can borrowers and lenders work together in these uncertain times to make the best of a bad situation?

December 16, 2019

Beyond Prompt Payment: Processes and Options for Timely Compensation

“I’d just like to be paid” It hardly seems fair. You’ve worked all your life gaining credentials, securing a position and building a reputation. You’ve had to create your own opportunities. No one gave you that contract; you had to compete for it and it was awarded to only you. You rallied an able workforce […]

General Holdback Chart

Each province has its own holdback requirements, which makes managing construction projects and contracts across provincial borders complex. For easy reference to holdback details across Canada, see the chart below which includes details for the holdback percentage, holdback period, lien registration deadline, and whether there is provision for an early release, for each province and […]

Who Owns That School? The Crown and the Validity of...

Terra Services Inc. v. Her Majesty the Queen 2018 NLSC 221 As the Province of Newfoundland and Labrador remains a major driver of local construction and development the issue frequently arises as to whether the protections intended by the Mechanics’ Lien Act (“MLA”) can be extended to these provincial projects.  As a general rule, the […]

Reforming the New Brunswick’s Mechanics’ Lien Act: Prompt Payment and...

The New Brunswick Legislative Services Branch is considering recommending changes to the Mechanics’ Lien Act (1973), the main Construction Law statute in the Province.

NLCA Finds No Conflict of Interest Arising Where Accountants Act...

In this case, the Newfoundland & Labrador Court of Appeal considered whether a receiver is conflicted if it previously assisted the debtor in financial restructuring efforts.

New Builder’s Lien Amendments & Regulations

Recent amendments to the Builder’s Lien Act and new Builders Lien Regulations, effective June 30, 2017, allow for early release of holdbacks to subcontractors and alter how finishing holdbacks are calculated.

Requirements for Granting a Bankruptcy Order

In the Nova Scotia case Witch’s Glen Gold Inc., Re, 2015 NSSC 93, the sole creditor, Steve Furlotte, brought an application pursuant to s. 43 of the Bankruptcy and Insolvency Act (BIA) seeking a bankruptcy order against the debtor Witch’s Glen Gold Inc. (“WGC”).

Substantive Consolidation: Efficient and Equitable Restructuring of Group Companies

Gray Aqua Group of Companies, Re is a case from New Brunswick that dealt with the remedy of substantive consolidation under the Bankruptcy and Insolvency Act (BIA). Historically, courts have shown reluctance in granting consolidation and it was seen as an extraordinary remedy.