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  • Article

    Construction Liens – Value of a Claim for Lien – s 35 of the Construction Lien Act

    In 2004, the plaintiff Landmark II Inc. ("Landmark") entered into a written contract with the defendant 1535709 Ontario Limited ("1535709") to expand a truck parking lot on 1535709’s property.
    CanadaReal Estate and Construction
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    Legal Non-Conforming Uses - Comment on Feather v. Bradford (Town)

    In Feather v. Bradford (Town), 2010 ONCA 440, the Ontario Court of Appeal considered whether it is necessary to have evidence of an active intention to continue a legal non-conforming use.
    CanadaReal Estate and Construction
    Aird & Berlis LLP
Aird & Berlis LLP
  • Article

    Lien Rights: To Assign Or Not To Assign (Should You Ask The Question?)

    Assignment of lien is a powerful but underused section of Ontario's Construction Act.
    CanadaReal Estate and Construction
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    ODACC 2021 Report: Lessons For Saskatchewan

    The Ontario Dispute Adjudication for Construction Contracts ("ODACC") recently released its 2021 Report.
    CanadaReal Estate and Construction
    MLT Aikins LLP
    MLT Aikins LLP
  • Article

    Part 3 – Resurgence Of Encumbered Land And POPs As Parkland

    This blog constitutes Part 3 of the Davies Howe Bill 98 and Related Proposals blog series and describes the reintroduction of the Bill 23 proposed parkland reform, which never came into effect.
    CanadaReal Estate and Construction
    Davies Howe
    Davies Howe
  • Article

    Supplier Beware: Appropriate Payments At Your Own Risk

    Liteco v Nova Scotia (Transportation and Infrastructure Renewal), 2017 NSSC 304
    CanadaReal Estate and Construction
    Cox & Palmer
    Cox & Palmer
  • Article

    The Builders' Liens List: What Is The After 3:00 P.m. Search And Why Should You Perform One?

    A builders' lien is different than most other encumbrances like a mortgage or caveat. The Builders' Liens Act prescribes that a registered lien serves as a placeholder for all unregistered builders' liens...
    CanadaReal Estate and Construction
    Thompson Dorfman Sweatman LLP
    Thompson Dorfman Sweatman LLP
  • Article

    Towards A More Relaxed Interpretation Of The 'Builders' Lien Act'

    A few recent cases from Alberta Masters show a trend towards a less strict interpretation of lien deadlines and requirements.
    CanadaReal Estate and Construction
    McLennan Ross LLP
    McLennan Ross LLP
  • Article

    Uncertain Terms: Absence Of A Formal Agreement On Construction Projects

    Parties who have partnered up for construction projects, but have not drafted a formal contract may face uncertainties about their legal rights when potential issues arise.
    CanadaReal Estate and Construction
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Harmonization Of The Park Tax For All Montréal's Boroughs

    The City of Montréal (City) recently published a draft bylaw titled By-law concerning the transfer for the purposes of establishing, maintaining and improving parks and playgrounds...
    CanadaTax
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    T5018 Statement Of Contract Payments: Toronto Tax Lawyer Analysis

    A T5018 is a CRA taxpayer information return known as the statement of contract payments.
    CanadaTax
    Rotfleisch & Samulovitch P.C.
    Rotfleisch & Samulovitch P.C.
  • Article

    Pedal To The Metal: Ontario Accelerates Transit And Highway Infrastructure Projects

    On October 22, 2020, Ontario's Minister of Transportation, Caroline Mulroney (Minister), introduced Bill 222, Ontario Rebuilding and Recovery Act, 2020 (Act) for first reading in the Ontario
    CanadaTransport
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Addressing COVID-19 In Future Contracts For Your Construction Project

    There has been an abundance of recent commentary on how the COVID-19 pandemic might be treated under existing construction contracts.
    CanadaCoronavirus (COVID-19)
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    All Construction Projects May Re-Open Tuesday May 19, 2020

    On May 14th, the Government of Ontario announced as part of the first stage of the plan to gradually lift the COVID-19 emergency restrictions that all construction projects may re-open on Tuesday May 19, 2020.
    CanadaCoronavirus (COVID-19)
    Pallett Valo LLP
    Pallett Valo LLP
  • Article

    Arbitrator Upholds Rapid COVID-19 Testing Program On Construction Sites

    On June 10, 2021, an Ontario labour arbitrator dismissed a challenge to an on-site COVID-19 rapid testing policy implemented by EllisDon Construction Ltd. (EllisDon).
    CanadaCoronavirus (COVID-19)
    MLT Aikins LLP
    MLT Aikins LLP
  • Article

    COVID-19 – Update – Lien Periods Will No Longer Be Suspended

    The Ontario Government has amended its emergency order suspending limitation and procedural time periods retroactive to March 16, 2020 (the "Emergency Order") to clarify that the suspension...
    CanadaCoronavirus (COVID-19)
    Goldman Sloan Nash & Haber LLP
    Goldman Sloan Nash & Haber LLP
  • Article

    COVID-19 – Update – Technology Resources For Small Businesses

    Small construction businesses may be wondering how to continue to operate during a time where social distancing and other measures make it difficult to interact with employees, clients and contractors
    CanadaCoronavirus (COVID-19)
    Goldman Sloan Nash & Haber LLP
    Goldman Sloan Nash & Haber LLP
  • Article

    Ontario, Canada Imposes Additional COVID-19 Restrictions

    On April 16, 2021, Ontario announced a two-week extension of its third declaration of emergency and its second Stay-at-Home order, and that in response to the rapid increase of COVID-19 case rates...
    CanadaCoronavirus (COVID-19)
    Littler - Canada
    Littler - Canada
  • Article

    Ontario Increases Safety Measures To Curb The Spread Of COVID-19 On Construction Sites

    In what appears to be a response to considerable confusion in the construction industry, Ontario's Chief Prevention Officer has issued updated guidance in order to try and help employers
    CanadaCoronavirus (COVID-19)
    Stringer LLP
    Stringer LLP
  • Article

    Province Reimposes Limitation Periods And Lien Timelines Under The Construction Act

    On March 17, 2020, in response to the COVID-19 pandemic, the Government of Ontario declared an emergency under the Emergency Management and Civil Protection Act. On March 20, 2020, Ontario passed a regulation under that Act...
    CanadaCoronavirus (COVID-19)
    Blaney McMurtry LLP
    Blaney McMurtry LLP
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