In Dalren Limited v Loadstar Trailers Inc, 2026 ONCA 500, the Court of Appeal for Ontario addressed the Construction Act’s transition provision for determining which version of the statutory regime applies to a project. The determinant is when a procurement process for “the improvement” was commenced “by the owner of the premises”. Based on a functional reading, the Court of Appeal held that a procurement process may trigger the provision despite the proponent not then owning the premises, and even if the premises for the project is later changed.
Singleton Urquhart Reynolds Vogel LLP