Join us for "Student Success, Insights from our Summer and Articling Students" where Robyn Jeffries, Summer Student, is joined by Justin Lyon, Summer Student, and Jacob Jones, Associate, for a discussion...

Join us in "Careers in Construction Law: From Private Practice to In-House Counsel" where Katie McGurk, Associate, joins Barbara Capes, General Counsel at Kiewit Canada Inc., and Caitlin Steven...

Join us in "Adjudicating the Future" where we dissect the intricacies of construction adjudications through the lens of the recent ODACC annual reports. Lena Wang, Partner, and Amir Ghoreshi...

This was a motion brought by the defendants under section 44(5) of the Construction Act for the return of monies paid into court to vacate a lien. The sole issue on the motion was whether the court should...

A discussion on the increasing presence of the Dispute Review Board in the construction projects industry.

Over the last few years, we discussed a series of Ontario Court of Appeal decisions in this newsletter in which the court held that despite having become aware of a claim more than two years ago...

The Ontario Court of Appeal and the Ontario Superior Court of Justice, Divisional Court each recently released a decision on MGW-Homes Design Inc v. Pasqualino.

Ontarians will recall the tragic 2009 case where on Christmas Eve, four workers who had recently immigrated from Eastern Europe plunged 13 stories to their death from a swing stage...

Ontario's Construction Act (the "Act") underwent significant amendments in 2018 and 2019, most of which were aimed at modernizing the construction payment regime and enhancing protections for contractors...

An appeal from a summary judgment under r. 20 lies to the Court of Appeal, even if the appeal concerned findings by the motion judge that Arcamm's invoices were not "proper invoices" for the purposes.

Not long ago, our news feeds were dominated with worrying headlines …. "Global supply chain crises", "inflation", "labour shortages", to name a few. These factors prompted a volatile economy...

The project at issue concerned the construction of an 11 storey, 90-unit apartment building (the "Building") in Langford, BC (the "Lands") between 2017 and 2019...

As construction industry participants become more comfortable with the use of Construction Act adjudications as a means to resolve disputes during the lifespan of a project...

The decision in Mattamy (Downsview) Limited v. KSV Restructuring Inc. (Urbancorp), 2023 ONSC 3013 [Mattamy] provides an insightful review of the limits of an arbitrator's...

Thirty-five years ago, the Ontario Court of Appeal, in Timbro Developments Ltd. v. Grimsby Diesel Motors Inc., upheld the following clause: "Payments will be made not more than thirty (30) days...

Letters of credit have been acknowledged as viable forms of lien security by courts for many years, but there is very little case law on this practice and none on the sufficiency of the commonly used standard form...

In December 2020, the Supreme Court of Canada released its landmark decision in C.M. Callow Inc. v. Zollinger, 2020 SCC 45 ("Callow"), establishing a contractual duty of honest performance.

Vento Motorcycles, Inc. v. United Mexican States concerns an Application by Vento Motorcycles, Inc. ("Vento") to the Ontario Superior Court of Justice to set aside an arbitral...

The introduction of adjudication into Ontario's Construction Act caused many to coin this new process as "rough justice" as it allows parties to get swift, interim relief, without bringing the project to a halt.

Arbitration is becoming more and more prevalent as a means to resolve construction industry disputes, including claims under the Construction Act.