2019 Q1 Legal Update for the Surety Association of Canada, BC Chapter

Notable Cases Impacting Surety and Construction Industry: Q1 2019

In a 2019 Q1 Legal Update to The Surety Association, BC Chapter, Chris Schuld outlines four important cases: one in the Court of Appeal of Alberta, one in the Supreme Court of the Northwest Territories, and two in the Ontario Superior Court of Justice.

Read the full version of Schuld’s 2019 Q1 Update to The Surety Association.

Summary of Cases

1. Capital Steel Inc. v. Chandos Construction Ltd., 2019 ABCA 32: an Alberta Court of Appeal reversal of a trial decision related to construction parties trying to contract themselves out of bankruptcy principles.
2. Lopes Ltd. v. Guarantee Co. of North America et al., 2019 ONSC 804: an Ontario Supreme Court decision where a sub-trade was able to reap the benefits of an L&M bond and profits from completion work.
3. LTS Infrastructure Services Limited Partnership v. Rohl Enterprises Ltd. et al., 2019 NWTSC 10: the NWT Supreme Court ruling on document admissibility, addressing when a surety’s claim file is producible or privileged.
4. Bondfield Construction Company, Re, 2019 ONSC 2310: the Ontario Supreme Court’s acceptance of an Initial Order in a CCAA proceeding for the orderly completion of Bondfield’s ongoing project.