Information About DBH Law Blog
- Court of Appeal Upholds Testator’s Right to Privacy in Pre-Death Financial Decisions
With respect to financial affairs, one’s right to privacy does not necessarily extinguish upon their death. A recent decision from the Alberta Court of Appeal held that a competent testator was entitled to keep her pre-death financial decisions a secret, despite her children’s claims of undue influe … Read more »
- Construction Law: A Glossary of Terms
Construction law can be complex, and various disputes may arise between parties. Below, we define terms commonly used in construction law and construction contracts. A Abandonment There may be two types of abandonment in construction law. Contract abandonment occurs when each party has conducted th … Read more »
- The Importance of Clear Contractual Language in Payment Clauses
In a recent decision from the Alberta Court of King’s Bench, parties to contracts are reminded of the impact clear, concise and express contractual language can have, particularly with respect to construction contracts and “pay when paid” clauses. In the case of Canadian Pressure Testing Technologi … Read more »
- Will the Courts Remove an Executor From Administrative Duties?
During estate planning, a testator takes care in appointing a trusted individual to be the executor or trustee of their estate. However, some executors fail to perform their duties in accordance with the Will or trust. As a beneficiary, it can be frustrating to watch and wait as the executor fails t … Read more »
- Are You in Compliance With the New Prompt Payment & Construction Lien Act?
Alberta’s new construction prompt payment legislation, the Prompt Payment and Construction Lien Act, came into force at the end of August. As this new law has been in place for nearly two months, businesses in the construction industry must ensure their practices and operational infrastructure compl … Read more »