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ARTICLE · 27 APRIL 2020

Builders' Liens and COVID-19

In light of the COVID-19 pandemic and in collaboration with the Law Society of Alberta, the Alberta Minister of Justice and Solicitor General has issued a Ministerial Order (the "Order")...

CanadaReal Estate and Construction

In light of the COVID-19 pandemic and in collaboration with the Law Society of Alberta, the Alberta Minister of Justice and Solicitor General has issued a Ministerial Order (the “Order”) to suspend certain limitations periods and deadlines from March 17, 2020 to June 1, 2020.

The Order suspends all limitation periods in specific enactments listed in Appendix A.  This list does not include the Builders’ Lien Act, RSA 2000, c B-7 (the “BLA”).  For a complete list of enactments to which the Order applies, click here.

The Order also suspends, during those same dates, “Any period of time within which any step must be taken in any proceeding or intended proceeding.”  The intent and scope of this additional provision is unclear.  In particular, it appears this is a catch-all provision that is not limited to those enactments listed in Appendix A.  If so, this provision arguably applies to timelines set out in the BLA, even though that enactment is not listed in Appendix

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