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TRUSTS - Express trusts - Notice of - Breach of trust - Duty to provide information

Thursday, February 15, 2018 @ 12:58 PM  

Appeal from a judgment of the Alberta Court of Appeal that affirmed a decision concluding that Bird Construction Co. (Bird) had no duty to disclose the existence of a trust contained in a labour and material payment bond to Valard Construction Ltd. (Valard). Bird, a general contractor for a construction project, subcontracted with Langford Electric Ltd. for certain electrical work. As required by its contract with Bird, Langford obtained a labour and material payment bond. The bond allowed for a “beneficiary”, being a provider of labour...