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Articles by Robin Young
Minor Repairs vs. Substantive Work: Why “One Last Trip” Won’t Save Your Lien
The Court confirmed that minor remedial work or repairs performed after the substantial completion of a contract cannot be used to “restart the clock” on lien preservation deadlines. For subcontractors, this serves as a critical reminder that the deadline to register a lien is a strict, mandatory requirement that offers no room for judicial discretion. Relying on an isolated repair to extend your timeline could result in the lien being invalid for being registered out of time.
BC Supreme Court Finds Municipality 70% Liable for Crosswalk Vegetation in $3.6M Injury Award
The BC Supreme Court found a municipality 70% liable for a serious pedestrian injury caused by obstructive vegetation at a crosswalk, resulting in a $3.6 million damages award. The ruling reinforces that municipalities have a clear duty to maintain safe roadways, including ensuring visibility at pedestrian crossings. In this case, overgrown vegetation significantly impaired sightlines, contributing directly to the accident.
The “At Issue” Doctrine and the Broad Scope of Disclosure: Insights from Darling v Ewanchuk
Darling v Ewanchuk confirms that personal injury plaintiffs who place their health “at issue” must disclose broadly relevant medical records, even if sensitive. Alberta courts continue to prioritize relevance and materiality over privacy where damages are concerned, provided requests are grounded in the pleadings and not speculative. The decision also cautions against excessive redaction, noting it often leads to delay and disputes rather than efficiency.
How Conduct Can End a Construction Contract + Kill Your Lien Rights
The Court confirmed that a construction contract can be legally “terminated” or “abandoned” through conduct alone, without the need for formal written notice. For contractors, subcontractors and suppliers, this means the strict time deadline to register a lien claim and/or to perfect that lien may start ticking the moment you remove your tools or an owner changes the locks. Waiting for an official termination letter to start the lien deadline could result in your lien rights expiring entirely.
Master: The unread text sits. Is it full or empty? Student: It is full of potential, yet empty of response. Master: If a text is sent in the forest and no one replies, does it make a sound? Student: It makes the sound of one hand clapping, waiting for the other to join. Master: What is the sound of one “Read” receipt? Student: The sound of silence, amplified. Master: You send a text. The “Read” receipt appears, blue as a summer sky. Then, nothing. What is the nature of this blue?
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