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  • Article

    A Big Shift For Small Setbacks: Understanding Ontario's New 90% Rule

    On November 21, 2025, O. Reg. 257/25 (the "Regulation") came into effect, allowing a setback to be treated as compliant if it's at least 90% of the setback required in the zoning by-law.
    CanadaReal Estate and Construction
    Davies Howe
    Davies Howe
  • Article

    A Commentary On Adjudication Decisions Under The Construction Act

    On November 5, 2024, Ontario's Divisional Court released its decision in Gay Company Limited and Sayers Foods Limited, 2024 ONSC 6123.
    CanadaReal Estate and Construction
    Pallett Valo LLP
    Pallett Valo LLP
Article

A Promise Is A Promise: Managing Contractual Warranties

A warranty is a promise of performance that is written into a contract. They are often express promises related to quality of product or workmanship.
CanadaReal Estate and Construction
Goldman Sloan Nash & Haber LLP
Goldman Sloan Nash & Haber LLP
  • Article

    Adjudication: ODACC Releases Second Annual Report

    In Ontario, the Construction Act, R.S.O. 1990, c. C.30 (the Act) defines the authority responsible for administering construction related adjudications and for training and qualifying adjudicators.
    CanadaReal Estate and Construction
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Alberta's Prompt Payment And Construction Lien Act Passes Second Reading

    Bill 37, known as the Builders' Lien (Prompt Payment) Amendment Act, 2020, passed second reading on Oct. 28, 2020, following two days of debate.
    CanadaReal Estate and Construction
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Alberta Builders' Lien Act Proposed Amendments Significantly Rewritten

    Significant changes have been made to the prompt payment sections of Alberta's Bill 37.
    CanadaReal Estate and Construction
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Alberta Builders' Lien Act Update – Red Tape Reduction Implementation Act (Bill 62)

    In BLG's October 23, 2020 and November 4, 2020 articles, we discussed Bill 37, the Builders' Lien (Prompt Payment) Amendment Act, 2020 and its proposed amendments to the Alberta Builders' Lien Act...
    CanadaReal Estate and Construction
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    ALRB Finds Off-Site Warehouse Employees Not In Construction Industry

    In an important win for construction employers in Alberta, the Alberta Labour Relations Board (the "Board") recently determined that an employer in the wind farm sector operating warehouse distribution centres...
    CanadaReal Estate and Construction
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Amendments To The Ontario "Construction Lien Act "

    Ontario’s Open for "Business Act, 2010" (OFBA) amended numerous statutes, including the "Construction Lien Act" (CLA).
    CanadaReal Estate and Construction
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Approach RFP, Tender And Procurement Documents With Care

    In Tercon Construction Ltd. v. British Columbia (Ministry of Transportation and Highways), 2010 SCC 4, the Supreme Court of Canada provided an analytical framework for the interpretation of a clause excluding liability in the context of a request for proposals, giving owners cause to carefully consider the drafting of RFP, tender or other procurement documents in the future.
    CanadaReal Estate and Construction
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    BC Court Of Appeal Confirms: Subcontractors Still Have A Right To The Holdback, Even After Posting Security

    The British Columbia Court of Appeal recently delivered a significant decision in Kingdom Langley Project Limited Partnership v. WQC Mechanical Ltd., 2025 BCCA 169 ("Kingdom Langley")...
    CanadaReal Estate and Construction
    Miller Thomson
    Miller Thomson
  • Article

    Beginning Of A New Rental Construction Boom? Temporary GST Exemption For Purpose-Built Residential Rental Properties Sparks Growth Potential

    On September 14, 2023, the Canadian government announced that it will introduce enhanced rebates which will eliminate the GST/federal component of the HST (i.e., the 5% component of the 13% HST) for newly constructed purpose-built rental housing.
    CanadaReal Estate and Construction
    Aird & Berlis LLP
    Aird & Berlis LLP
  • Article

    Behind The Bond: Understanding Surety Rights + Indemnity Agreements

    When surety bonds are issued, underlying indemnity agreements provided to the surety are required. These indemnity agreements ensure that obligations—whether in construction...
    CanadaReal Estate and Construction
    Field Law
    Field Law
  • Article

    Better Early Than Sorry : Strict Compliance Required For Lien Deadlines

    The Court of King's Bench of Alberta's decision in The Micro Collective Inc v Hutterian Brethren Church of Tschetter (The Micro Collective), addresses the interplay...
    CanadaReal Estate and Construction
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    Bill 142* And Standard Construction Contracts: Are Contractors Entitled To An Adjustment Of Their Stipulated Price Contracts Concluded Before May 30, 2017?

    On May 30th, Quebec's National Assembly adopted Bill 142, putting an end to a construction workers' strike that had been ongoing for seven days and decreeing a wage increase of 1.8% for the workers concerned.
    CanadaReal Estate and Construction
    Langlois Avocats
    Langlois Avocats
  • Article

    Bill 39: The Province's Newest Addition To The Tool Belt For Combating The Housing Crisis

    On November 16th, the Ontario government tabled more new legislation seeking to address the housing crisis in Ontario: Bill 39, the Better Municipal Governance Act, 2022...
    CanadaReal Estate and Construction
    McMillan LLP
    McMillan LLP
  • Article

    Bill 98 Receives Royal Assent

    Ontario's Bill 98, the Building Homes and Improving Transportation Act, 2026, has received Royal Assent, marking a significant shift in the province's land use planning system.
    CanadaReal Estate and Construction
    Davies Howe
    Davies Howe
  • Article

    Breaking Ground: MT Construction Law

    Hey contractors: Are your invoices for construction services and/or materials supplied to an improvement "proper"? Lessons learned from Arcamm v. Avision
    CanadaReal Estate and Construction
    Miller Thomson
    Miller Thomson
  • Article

    Building Safety: Higher-Risk Buildings In Wales

    The Welsh Government has published a consultation on its proposed definition of higher-risk buildings (HRBs) in Wales. This follows the passing of the Building Safety Act 2022...
    CanadaReal Estate and Construction
    Gowling WLG
    Gowling WLG
  • Article

    Building Success: The Importance Of Legal Review Of CCDC Contracts

    As municipalities face the pressing need to enhance and modernize infrastructure, the importance of thoughtful planning and execution cannot be overstated.
    CanadaReal Estate and Construction
    Thompson Dorfman Sweatman LLP
    Thompson Dorfman Sweatman LLP
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