Case information
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37272
Valard Construction Ltd. v. Bird Construction Company
(Alberta) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2018-02-20 | Appeal closed | |
| 2018-02-16 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2018-02-16 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2018-02-15 |
Judgment on the appeal rendered, CJ Abe Mo Ka Côt Br Row, The appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 1503-0074-AC, 2016 ABCA 249, dated August 29, 2016, heard on November 7, 2017, is allowed with costs in this Court and in the courts below. The matter of quantum of damages is remitted to the trial judge for adjudication. Karakatsanis J. dissents. Allowed, with costs |
|
| 2017-11-16 | Transcript received, 97 pages | |
| 2017-11-07 | Judgment reserved OR rendered with reasons to follow | |
| 2017-11-07 | Respondent's condensed book, (Book Form), Submitted in Court (14 copies) | Bird Construction Company |
| 2017-11-07 | Appellant's condensed book, (Book Form), Submitted in Court (14 copies) | Valard Construction Ltd. |
| 2017-11-07 |
Hearing of the appeal, 2017-11-07, CJ Abe Mo Ka Côt Br Row Judgment reserved |
|
| 2017-11-06 | Notice of appearance, (Letter Form), Richard H. Shaban and James W. MacLellan will be present at the hearing. Mr. Shaban will present oral argument. | Surety Association of Canada |
| 2017-10-12 | Notice of appearance, Mike Preston, Chris Moore and Chris Armstrong will be present at the hearing. | Valard Construction Ltd. |
| 2017-10-11 | Notice of appearance, Paul Stocco and Jeffrey Beedell will be present at the hearing. | Bird Construction Company |
| 2017-09-01 | Appellant's book of authorities, (Book Form), On reply, Completed on: 2017-09-01 | Valard Construction Ltd. |
| 2017-09-01 | Reply factum on appeal, (Book Form), Completed on: 2017-09-01 | Valard Construction Ltd. |
| 2017-08-22 | Intervener's book of authorities, (Book Form), Completed on: 2017-08-22 | Surety Association of Canada |
| 2017-08-22 | Intervener's factum, (Book Form), Completed on: 2017-08-22 | Surety Association of Canada |
| 2017-08-22 | Appeal perfected for hearing | |
| 2017-08-21 |
Appeal hearing scheduled, 2017-11-07 Judgment reserved |
|
| 2017-08-18 | Notice of hearing sent to parties | |
| 2017-07-28 | Respondent's book of authorities, (Book Form), 2 copies, Completed on: 2017-07-28 | Bird Construction Company |
| 2017-07-28 | Respondent's factum, (Book Form), Completed on: 2017-07-28 | Bird Construction Company |
| 2017-07-11 | Order on motion for leave to intervene, (BY JUSTICE MOLDAVER) | |
| 2017-07-11 |
Decision on the motion for leave to intervene, Mo, UPON APPLICATION by the Surety Association of Canada for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene is granted and the said intervener shall be entitled to serve and file a factum not to exceed ten (10) pages in length on or before August 22, 2017. The said intervener is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The appellant is permitted to serve and file a factum not exceeding five (5) pages in reply to the intervener on or before September 1, 2017. The intervener is not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellant and respondent any additional disbursements resulting from its intervention. Granted |
|
| 2017-07-11 | Submission of motion for leave to intervene, Mo | |
| 2017-07-10 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2017-07-10, (Electronic version filed on 2017-07-10) | Bird Construction Company |
| 2017-07-07 | Response to the motion for leave to intervene, (Letter Form), and request to file a reply factum., Completed on: 2017-07-07 | Valard Construction Ltd. |
| 2017-07-04 | Notice of name, (Letter Form) | Surety Association of Canada |
| 2017-07-04 | Motion for leave to intervene, (Book Form), Completed on: 2017-07-04 | Surety Association of Canada |
| 2017-06-05 | Certificate of counsel (attesting to record) | Valard Construction Ltd. |
| 2017-06-05 | Appellant's book of authorities, (Book Form), 2 copies, Completed on: 2017-06-05 | Valard Construction Ltd. |
| 2017-06-05 | Appellant's record, (Book Form), Completed on: 2017-06-05 | Valard Construction Ltd. |
| 2017-06-05 | Appellant's factum, (Book Form), Completed on: 2017-06-05 | Valard Construction Ltd. |
| 2017-04-10 | Notice of appeal, (Letter Form), Completed on: 2017-04-10 | Valard Construction Ltd. |
| 2017-03-10 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2017-03-10 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-03-10 | Judgment on leave sent to the parties | |
| 2017-03-09 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 1503-0074-AC, 2016 ABCA 249, dated August 29, 2016, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2017-02-06 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2016-12-13 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2016-12-13, (Electronic version filed on 2016-12-13) | Valard Construction Ltd. |
| 2016-12-05 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-12-05) | Bird Construction Company |
| 2016-12-05 | Notice of name, (Letter Form), (Electronic version filed on 2016-12-05) | Bird Construction Company |
| 2016-12-05 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2016-12-05, (Electronic version filed on 2016-12-05) | Bird Construction Company |
| 2016-11-03 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2016/11/03 | |
| 2016-10-28 | Notice of name, (Letter Form), (Electronic version filed on 2016-11-03) | Valard Construction Ltd. |
| 2016-10-28 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-11-03) | Valard Construction Ltd. |
| 2016-10-28 | Application for leave to appeal, (Book Form), Completed on: 2016-10-28, (Electronic version filed on 2016-11-03) | Valard Construction Ltd. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Valard Construction Ltd. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Bird Construction Company | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Surety Association of Canada | Intervener | Active |
Counsel
Party: Valard Construction Ltd.
Counsel
Mike Preston
Chris Armstrong
300-1497 Marine Drive
West Vancouver, British Columbia
V7T 1B8
Telephone: (604) 925-0672
FAX: (604) 925-8984
Email: cmoore@mcleanarmstrong.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Bird Construction Company
Counsel
Commerce Place
2200-10155 102 St. N.W.
Edmonton, Alberta
T5J 4G8
Telephone: (780) 497-4884
FAX: (780) 424-3254
Email: pstocco@brownleelaw.com
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Surety Association of Canada
Counsel
James W. MacLellan
Nadia Effendi
Scotia Plaza
40 King Street West
Toronto, Ontario
M5H 3Y4
Telephone: (416) 367-6262
FAX: (416) 361-2744
Email: rshaban@blg.com
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Trusts and Trustees — Construction law — Labour and material payment bond — Whether a party named as Obligee in a labour and material payment bond has a fiduciary obligation to take reasonable steps to notify beneficiaries and potential beneficiaries about the bond’s existence?
Bird Construction Company, a general contractor on an oilsands project, hired a subcontractor. The subcontractor hired Valard Construction Ltd. Neither Bird Construction Company nor the subcontractor notified Valard Construction Ltd. that the subcontractor had obtained a labour and materials payment bond. The bond named Bird Construction Company as the Obligee. The subcontractor failed to pay Valard Construction Ltd.’s invoices. Valard Construction Ltd. did not notify Bird Construction Company of its payment dispute with the subcontractor until after a deadline for filing a claim set out in the bond had passed. When advised of the non-payment, Bird Construction Company informed Valard Construction Ltd. about the bond. Valard Construction Ltd. submitted a claim to the surety but the surety refused to pay the claim because the deadline for making a claim had passed. Valard Construction Ltd. commenced an action against the surety, added Bird Construction Company as a defendant, and then pursued the action only against Bird Construction Company. Bird Construction Company applied for summary dismissal.
Lower court rulings
Court of Queen’s Bench of Alberta
1003 11170, 2015 ABQB 141
Claim dismissed
Court of Appeal of Alberta (Edmonton)
1503-0074-AC, 2016 ABCA 249
Appeal dismissed
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available