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Articles by Rodney Smith
Alberta Court Of Appeal Clarifies The Scope Of Pure Economic Loss In Construction Negligence Claims
The Alberta Court of Appeal has provided important guidance on the treatment of pure economic loss claims arising from construction defects. In Murray v Windsor Brunello Ltd, 2026 ABCA 275, the ABCA confirmed that courts must distinguish between claims involving negligent supply of defective structures and claims involving negligent performance of professional services, as each attracts a separate duty of care analysis.
Alberta Court Of Appeal Confirms When A Landlord's Interest Is Vulnerable To Liens
The Alberta Court of Appeal's (ABCA) recent decision in Xemex Contracting Inc. v. Aspen Properties (Northland Place) Ltd., 2025 ABCA 49, serves as a reminder that not all work performed for a tenant will provide a "direct benefit" to the landlord, nor will it necessarily render the landlord's fee simple interest in the land "vulnerable" to liens.
Alberta Court of Appeal confirms when a landlord’s interest is vulnerable to liens
The Alberta Court of Appeal’s (ABCA) recent decision in Xemex Contracting Inc. v. Aspen Properties (Northland Place) Ltd., 2025 ABCA 49, serves as a reminder that not all work performed for a tenant will provide a “direct benefit” to the landlord, nor will it necessarily render the landlord’s fee simple interest in the land “vulnerable” to liens.
Alberta Court Of Appeal Curtails Enforcement Of Arbitration Clauses On Third-party Beneficiaries
In the recent decision of Husky Oil Operations Limited v Technip Stone & Webster Process Technology Inc., 2024 ABCA 369, the Court of Appeal of Alberta cautioned against the enforcement of arbitration provisions on third-party beneficiaries to contracts. The Court declined to pronounce whether such enforcement was possible at all, but held that, at minimum, the requirement to arbitrate would need to be manifest and expressed in clear and explicit language.
Alberta Court of Appeal curtails enforcement of arbitration clauses on third-party beneficiaries
In the recent decision of Husky Oil Operations Limited v Technip Stone & Webster Process Technology Inc., 2024 ABCA 369, the Court of Appeal of Alberta cautioned against the enforcement of arbitration provisions on third-party beneficiaries to contracts. The Court declined to pronounce whether such enforcement was possible at all, but held that, at minimum, the requirement to arbitrate would need to be manifest and expressed in clear and explicit language.
Future Of Litigation: 5 Big Ideas To Solve The Court Backlog (Video)
Hard statistics on court delays in Canada are hard to come by, but the personal experiences of business clients across the country speak to both the scope and consequences of the problem — everything from disrupted operations and inflated costs to decreasing confidence in our civil court system. Not surprisingly, litigants and lawyers alike — including The Advocates' Society — are calling for change.
Take Two: Proposed Amendments To Alberta's PPCLA And The PWA (Bill 30)
On Nov. 4, 2024, the Minister of Service tabled Bill 30, the Service Alberta Statutes Amendment Act, 2024 (Bill 30). Bill 30 introduces proposed amendments to Alberta's Prompt Payment and Construction Lien Act (the PPCLA) and the Public Works Act (the PWA) that could result in changes to the province's construction industry.
FOX54 News Huntsville
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Veterans group completes flag distribution
The 40/8 Veterans Honor Society Voiture 1237 has completed its Flags for First-Graders program for for the 2023-24 school year. The titles and symbols of "The Forty and Eight" are derived from the experiences of U.S. troops during World War I, when Americans soldiers were transported to the front on the French rail system in narrow-gauge boxcars, each stenciled with “40 Hommes/8 Chevaux,” denoting they could hold 40 men or eight horses. The first school, River Mill Academy, was done on Sept.
Faces of Climate Change
Launched in 2022 by Nishita Karad, this project is taking the form of a contest, open to everyone on all continents, amateurs and professionals alike. One hundred photos are selected to be exhibited by a jury of experts, upon which there will be four winners. You can find last year’s winners on the project website. Submissions for 2023 are opened until the 30th of April. This year, the judges are Philippa Thomas, Dr. Michael Pritchard, Annabel Nelson, and Dr. Dina Khalifa.
Eveningside by Gregory Crewdson
Reflex Amsterdam is pleased to announce its first collaboration with the internationally acclaimed American photographer Gregory Crewdson. The focus of the solo exhibition, from 11 March until 6 May, is Crewdson's new series of works Eveningside (2021-2022), but spans both of the gallery's locations, and will also feature a selection from previous bodies of work, including Beneath the Roses (2003-2008) and Cathedral of the Pines (2013-2014).
Memory Building by Annette LeMay Burke
My parents died within a few months of each other. They lived in the same house for 60 years, from the day they were married until their deaths. Once they were gone, I was left with my grief, memories of our lives together, and all their possessions, including a well-organized archive of family photos. In my series, Memory Building, I projected those vernacular photographs onto the surfaces of my childhood home in the same locations that they were originally made and rephotographed the scene.
All About Photo Presents 'Africa’ by Laurent Baheux
All About Photo is pleased to present ‘AFRICA’ by Laurent Baheux. Part of the exclusive online showroom developed by All About Photo, this exhibition is on view for the month of March 2023 and includes twenty photographs from the series ‘Africa’. Sandrine Hermand-Grisel, is the curator for this month's show. AFRICA When Laurent Baheux photographs animals, he becomes a portrait photographer who seeks to capture the originality of his subject. ''I photograph instinctively, with my guts.
Alberta Court of Appeal confirms right to appeal stay application under Arbitration Act
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Uncertain Terms: Absence Of A Formal Agreement On Construction Projects
Parties who have partnered up for construction projects, but have not drafted a formal contract may face uncertainties about their legal rights when potential issues arise. Although binding contractual relationships may be found in law in the absence of a formal contract, recent case law from the British Columbia Supreme Court and the Alberta provincial court came to opposite conclusions about the conditions under which this is possible. In Hodder Construction (1993) Ltd.
Alberta Court Of Appeal Clarifies Procedure For Appealing An Arbitration Award
In a recent decision, Esfahani v Samimi, 2022 ABCA 178, the Alberta Court of Appeal settled the procedure for appealing an arbitration award under the Alberta Arbitration Act. Appealing an arbitration award Appealing an arbitral award is a difficult task. The goal of arbitration is to obtain a fair resolution of a dispute by an impartial tribunal without unnecessary cost or delay.
Bringing blockchain to the construction industry
Photo © Andrey Popov / Adobe Stock Blockchain technology represents an efficient and transparent means of executing transactions. Often associated with cryptocurrencies, the technology offers significant opportunities for use in the construction industry as well, since construction contracts often contain monitoring rights and audit obligations.
Transitioning From Alberta's Builders' Lien Act To The PPCLA
To print this article, all you need is to be registered or login on Mondaq.com. Prompt payment and adjudication take effect August 29, 2022 In BLG's October 23, 2020, November 4, 2020, November 11, 2020 , May 3, 2021, June 2021, and February 2, 2022 articles, we discussed upcoming changes to Alberta's Builders' Lien Act.
Flags for First Graders teaches Alamance County students about the U. S. flag
The Forty and Eight Veteran’s Honor Society Voiture 1237 has completed the Flags for First Graders program for the elementary schools in Alamance County for this school year. The first school, Clover Garden, was done on Sept. 22 and the last, Elon Elementary, on Dec. 15.
Alberta's Builders' Lien Act
Canada: Alberta's Builders' Lien Act - One Step Closer To Prompt Payment And Adjudication 25 June 2021 by Patricia L. Morrison , Marin Leci , Rodney A. Smith and Bill Woodhead Borden Ladner Gervais LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
Construction And Autonomous Vehicles — Considerations For Increased Adoption - Real Estate and Construction - Canada
To print this article, all you need is to be registered or login on Mondaq.com. Autonomous construction equipment is already being deployed to job sites. Unlike a parking lot or busy highway, construction sites are highly controlled and fixed geographic locations that have clearly delineated boundaries. Within these boundaries, trained personnel operate in an organized and safety-conscious manner.
Alberta Builders' Lien Act Update – Red Tape Reduction Implementation Act (Bill 62) - Real Estate and Construction - Canada
Canada: Alberta Builders' Lien Act Update – Red Tape Reduction Implementation Act (Bill 62) 04 May 2021 by Rodney A. Smith , Patricia L. Morrison , Marin Leci and Bill Woodhead Borden Ladner Gervais LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
Guest Opinion: Dolley Madison and the roots of American civility
Gilbert Stuart, Associated Press This is an undated photo of a 1804 portrait of U.S. first lady Dolley Madison by artist Gilbert Stuart. Long ago, I learned an unforgettable lesson from a loving mother. Mom listened as I angrily recounted how a friend mistreated me. After patiently listening as I exhausted all my venom, Mom led me to the freezer, selected two popsicles, and directed me to share one with my friend. Popsicles melt quickly, so I ran to my friend’s home and peace was restored.
Guest opinion: Disappointment, due process and the confirmation of Judge Kavanaugh
The confirmation hearings for Judge Kavanaugh to serve on the highest court in the land have turned into what the senators themselves have referred to as a circus, replete with protesters disrupting one of the most solemn occasions in American public life. Many respected members of the Senate Judiciary Committee have unwittingly become performers in this spectacle, which is little more than an embarrassing public feud, a rather juvenile version of the Hatfields versus the McCoys.
Guest opinion: Why overturning Roe v. Wade won't be easy
Thanks to former Democratic Majority Leader Sen. Harry Reid and current Majority Leader Sen. Mitch McConnell, Judge Kavanaugh or another jurist who shares his conservative views will receive the 51 votes necessary to be confirmed to serve on the Supreme Court, providing a critical fifth conservative vote. Reid invoked the so-called nuclear option, permitting the Senate to confirm presidential appointments, including federal judges, with a simple majority vote.
Op-ed: The Colorado baker case - Is there an easy solution?
One of the most difficult issues confronting our nation today is the balance between two rights of great value: the right of religious conscience and the right to equal treatment based on sexual orientation. Both rights go to the very essence of the person seeking to exercise them and must be treated with respect. James Madison, the father of the Bill of Rights, taught that rights can best be viewed as property. The government may take one’s tangible property with just compensation.
My view: The tweets are the real threat to rule of law, not the president’s executive orders
Attacking the rule of law is a perilous venture, more dangerous than any present threat to our national security associated with the judicial handling of President Donald Trump’s executive order, providing for the detention and close vetting of certain individuals from certain countries seeking to come to this country. In his acclaimed play “A Man for All Seasons,” Robert Bolt portrays the life of Sir Thomas More.
Muslim Public Affairs Council - MPAC - Tidslinje
Watch and share this powerful short video by David Washburn, a filmmaker from the Bay Area, showcasing #MuslimsInUSMilitary talking about their sacrifices for this country – their country. The sacrifices American Muslims have made are just as valuable as the sacrifices any other American has made, and we wanted to make sure that message was heard loud and clear. The video, which is supported by the Islamic Scholarship Fund, consists of Muslim men and women, veterans and current members.
Trump’s anger will make him a loser
More than half a century ago, as a little boy, I learned a great lesson from my mother. On a daily basis, I had one fit of anger after another. Whether in resignation or simply in a teaching moment, Mom posted a saying in our living room that was intended for me. It read, “Keep your temper, no one else wants it.” I confess that yielding to anger felt good in the moment. It made me feel powerful, a heady thing for a little boy.
OPINION: Trump’s anger will make him a loser
More than half a century ago, as a little boy, I learned a great lesson from my mother. On a daily basis, I had one fit of anger after another. Whether in resignation or simply in a teaching moment, Mom posted a saying in our living room that was intended for me. It read, “Keep your temper, no one else wants it.” I confess that yielding to anger felt good in the moment. It made me feel powerful, a heady thing for a little boy.
Trump's anger will make him a loser: Column
As the Donald should know from reading his favorite book, only the fool rageth. Over half a century ago, as a little boy, I learned a great lesson from my mother. On a daily basis, I had one fit of anger after another. Whether in resignation or simply in a teaching moment, Mom posted a saying in our living room that was intended for me. It read, “Keep your temper, no one else wants it.” I confess that yielding to anger felt good in the moment. It made me feel powerful, a heady thing for a little boy.
Florida Sportsman
Tripletail offer a curious challenge to the fly angler, and they are available around the state. This tripletail, found close to the Canaveral shore, was happy to take a well-presented fly. Days and nights of stiff northeasterly winds had hampered our attempts to venture into the windblown Atlantic for more than a week. But now the long wait had ended with the arrival of calm winds and moderate ground swells.
Watch It Played - Season 5
Help fund the 5th season of Watch It Played for more instructional videos & tabletop play throughs!
Watch It Played - Season 4
You are automatically entered into our fundraiser giveaway draws. You do NOT have to donate to be entered into the draws, but this way you don't have to remember to send us separate emails for each entry. Thanks for helping the series! You are automatically entered into ALL give away draws for Watch It Played during the 4th season. We hold regular contests to give away games and products, usually requiring you to send us an email, or perform a specific task.
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