Array ( [0] => Array ( [key] => authors [value] => "6522" [compare] => LIKE ) )

A Step Back for Holdback Trust Accounts: Amendments to New...

New Brunswick’s Construction Remedies Act (the “Act”) received Royal Assent on December 18, 2020.  The “new” Act, which replaces the Mechanic’s Lien Act, applies to all construction contracts entered into on or after November 1, 2021. On April 1, 2022 sections 37 and 38 of the Act came into force, creating and outlining the requirements […]

In New Brunswick, Can You Make a Claim Against Your...

In a recent article, (In New Brunswick, When Do You Become “Common-Law”?), we discussed how long it takes to become common-law in New Brunswick.  In that article, we mentioned that common-law couples do not have the same rights as married couples, and there is no presumption of equal division of property on separation. However, you […]

In New Brunswick, When Do You Become “Common-Law”?

These days, almost every couple lives together for a period of time before they get married, and more and more couples are deciding to never get married at all.  We get a lot of questions about common-law status, such as how long does it take to become “common-law”, what does it mean, and do we […]

This Month in New Brunswick Family Law – April 2023

GM v JG, 2023 NBKB 57 Justice Danys R.X. Delaquis Subject Matter: Parenting Orders | Jurisdiction The parties have a 5-year-old child, who was born in New York. The Applicant is a Canadian citizen living in Saint John and the Respondent is an American citizen living in New York. The child has dual citizenship. The […]

Residential Contractors Beware: Trappings of New Brunswick’s ‘Notice to Owner’...

Background As most in the industry will now be aware, New Brunswick’s Mechanic’s Lien Act has been replaced by the new Construction Remedies Act which applies to all contracts and subcontracts entered into on or after November 1, 2021.  (Note: the “old” legislation still applies to contracts entered into before this date). One of the […]

Change Afoot: New Brunswick’s Construction Remedies Act

New Brunswick’s Bill 12: Construction Remedies Act received Royal Assent on December 18, 2020, and the majority of its provisions came into force on November 1, 2021.  The new Act replaces the Mechanics’ Lien Act, SNB 1973, c.M-6. While the new Construction Remedies Act retains a number of the key elements of the  Mechanics’ Lien […]