Case Law Valard Construction Ltd. v. Bird Construction,

Valard Construction Ltd. v. Bird Construction,

Document Cited Authorities (50) Cited in (24) Related (5)
5 cases
Document | Court of Appeal (Alberta) – 2019
Capital Steel Inc v Chandos Construction Ltd, 2019 ABCA 32
"...would give the text an implausible meaning. A court may never do this”); Valard Construction Ltd. v. Bird Construction Co., 2016 ABCA 249, ¶184; 57 C.L.R. 4th 171, 236 per Wakeling, J.A. (“This interpretation was not one that the words may bear. It is implausible”); Lawson Store Service Co...."
Document | Court of Appeal (Alberta) – 2016
Wall v. Highwood Congregation of Jehovah's Witnesses et al., 2016 ABCA 255
"...Disputes – Some Constitutional Considerations", 74 Yale L.J. 1113 (1965). 67. See Valard Construction Ltd. v. Bird Construction Co. , 2016 ABCA 249, ¶ 159 ("A court tasked with the resolution of an issue that it has not resolved before must turn to first principles for guidance. This has al..."
Document | Court of Appeal (Alberta) – 2019
Canada v. Canada North Group Inc., 2019 ABCA 314
"...meaning would give the text an implausible meaning. A court may never do this”) & Valard Construction Ltd. v. Bird Construction Co., 2016 ABCA 249, ¶ 184; 57 C.L.R. 4th 171, 236 per Wakeling, J.A. in dissent (“The text of the bond does not support the interpretation the trial judge gave..."
Document | Court of Appeal (Alberta) – 2017
Composite Technologies Inc. v. Shawcor Ltd.,
"...meaning would give the text an implausible meaning. A court may never do this”); Valard Construction Ltd. v. Bird Construction Co., 2016 ABCA 249, ¶ 184; 57 C.L.R. 4th 171, 236 per Wakeling , J.A. in dissent (“This interpretation was not one that the words may bear. It is implausible”) &..."
Document | Supreme Court of Canada – 2018
Valard Construction Ltd. v. Bird Construction Co.,
"...Lionel D. Smith. Toronto: Carswell, 2012. APPEAL from a judgment of the Alberta Court of Appeal (Rowbotham, Wakeling and Schutz JJ.A.), 2016 ABCA 249, [2017] 2 W.W.R. 46 , 57 C.L.R. (4th) 171 , 42 Alta. L.R. (6th) 223 , [2016] A.J. No. 859 (QL), 2016 CarswellAlta 1584 (WL Can.), settin..."

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5 firm's commentaries
Document | JD Supra Canada – 2017
Defence & Indemnity - December 2016: V. SURETY AND BOND ISSUES
"...such a bond to potential bond claimants until specifically asked about its existence. Valard Construction Ltd. v Bird Construction Co., 2016 ABCA 249 per Schutz,J.A. (Rowbotham concurring); Wakeling, J.A. in I. FACTS AND ISSUES Bird Construction Company ("Bird"), as general contractor, ente..."
Document | Mondaq Canada – 2016
Unpaid Subcontractors Beware
"...for subcontractors and suppliers and by reducing the risk of builders' liens. In Valard Construction Ltd v Bird Construction Company, 2016 ABCA 249 [Valard], a majority of the Alberta Court of Appeal confirmed that, unless asked, an owner/trustee under an L&M Bond has no duty to disclos..."
Document | JD Supra Canada – 2016
Unpaid Subcontractors Beware
"...for subcontractors and suppliers and by reducing the risk of builders’ liens. In Valard Construction Ltd v Bird Construction Company, 2016 ABCA 249 [Valard], a majority of the Alberta Court of Appeal confirmed that, unless asked, an owner/trustee under an L&M Bond has no duty to disclose it..."
Document | Mondaq Canada – 2018
Part 2: Unpaid Subcontractors Beware
"...Unpaid Subcontractors Beware, which commented on the Court of Appeal's decision in Valard Construction Ltd v Bird Construction Company, 2016 ABCA 249. In that decision, the Court of Appeal held that the trustee under a labour and material bond (L&M Bond) had no duty to inform subcontrac..."
Document | Mondaq Canada – 2018
Case Summary: Valard Construction Ltd. V Bird Construction Co.
".... Valard appealed and the Alberta Court of Appeal upheld the Queen's Bench decision: Valard Construction Ltd. v Bird Construction Co., 2016 ABCA 249. Valard then took its argument to the Supreme Court of II. HELD: Bird, as trustee, owed a fiduciary duty under the L&M Bond to Valard. In ..."

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5 cases
Document | Court of Appeal (Alberta) – 2019
Capital Steel Inc v Chandos Construction Ltd, 2019 ABCA 32
"...would give the text an implausible meaning. A court may never do this”); Valard Construction Ltd. v. Bird Construction Co., 2016 ABCA 249, ¶184; 57 C.L.R. 4th 171, 236 per Wakeling, J.A. (“This interpretation was not one that the words may bear. It is implausible”); Lawson Store Service Co...."
Document | Court of Appeal (Alberta) – 2016
Wall v. Highwood Congregation of Jehovah's Witnesses et al., 2016 ABCA 255
"...Disputes – Some Constitutional Considerations", 74 Yale L.J. 1113 (1965). 67. See Valard Construction Ltd. v. Bird Construction Co. , 2016 ABCA 249, ¶ 159 ("A court tasked with the resolution of an issue that it has not resolved before must turn to first principles for guidance. This has al..."
Document | Court of Appeal (Alberta) – 2019
Canada v. Canada North Group Inc., 2019 ABCA 314
"...meaning would give the text an implausible meaning. A court may never do this”) & Valard Construction Ltd. v. Bird Construction Co., 2016 ABCA 249, ¶ 184; 57 C.L.R. 4th 171, 236 per Wakeling, J.A. in dissent (“The text of the bond does not support the interpretation the trial judge gave..."
Document | Court of Appeal (Alberta) – 2017
Composite Technologies Inc. v. Shawcor Ltd.,
"...meaning would give the text an implausible meaning. A court may never do this”); Valard Construction Ltd. v. Bird Construction Co., 2016 ABCA 249, ¶ 184; 57 C.L.R. 4th 171, 236 per Wakeling , J.A. in dissent (“This interpretation was not one that the words may bear. It is implausible”) &..."
Document | Supreme Court of Canada – 2018
Valard Construction Ltd. v. Bird Construction Co.,
"...Lionel D. Smith. Toronto: Carswell, 2012. APPEAL from a judgment of the Alberta Court of Appeal (Rowbotham, Wakeling and Schutz JJ.A.), 2016 ABCA 249, [2017] 2 W.W.R. 46 , 57 C.L.R. (4th) 171 , 42 Alta. L.R. (6th) 223 , [2016] A.J. No. 859 (QL), 2016 CarswellAlta 1584 (WL Can.), settin..."

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Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

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  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

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5 firm's commentaries
Document | JD Supra Canada – 2017
Defence & Indemnity - December 2016: V. SURETY AND BOND ISSUES
"...such a bond to potential bond claimants until specifically asked about its existence. Valard Construction Ltd. v Bird Construction Co., 2016 ABCA 249 per Schutz,J.A. (Rowbotham concurring); Wakeling, J.A. in I. FACTS AND ISSUES Bird Construction Company ("Bird"), as general contractor, ente..."
Document | Mondaq Canada – 2016
Unpaid Subcontractors Beware
"...for subcontractors and suppliers and by reducing the risk of builders' liens. In Valard Construction Ltd v Bird Construction Company, 2016 ABCA 249 [Valard], a majority of the Alberta Court of Appeal confirmed that, unless asked, an owner/trustee under an L&M Bond has no duty to disclos..."
Document | JD Supra Canada – 2016
Unpaid Subcontractors Beware
"...for subcontractors and suppliers and by reducing the risk of builders’ liens. In Valard Construction Ltd v Bird Construction Company, 2016 ABCA 249 [Valard], a majority of the Alberta Court of Appeal confirmed that, unless asked, an owner/trustee under an L&M Bond has no duty to disclose it..."
Document | Mondaq Canada – 2018
Part 2: Unpaid Subcontractors Beware
"...Unpaid Subcontractors Beware, which commented on the Court of Appeal's decision in Valard Construction Ltd v Bird Construction Company, 2016 ABCA 249. In that decision, the Court of Appeal held that the trustee under a labour and material bond (L&M Bond) had no duty to inform subcontrac..."
Document | Mondaq Canada – 2018
Case Summary: Valard Construction Ltd. V Bird Construction Co.
".... Valard appealed and the Alberta Court of Appeal upheld the Queen's Bench decision: Valard Construction Ltd. v Bird Construction Co., 2016 ABCA 249. Valard then took its argument to the Supreme Court of II. HELD: Bird, as trustee, owed a fiduciary duty under the L&M Bond to Valard. In ..."

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