Dispute Review Boards July 09, 2013 Safia Lakhani, Joshua Strub In typical construction contracts, the parties approach the project consultant to make a decision regarding the contractual obligations of the respective parties.
OBA Award of Excellence in Construction Law and Year-End Tour July 09, 2013 Dante Alighieri Capannelli A fabulous end to another successful year! On June 11, 2013 we marked the conclusion of our 2012-13 term with a tour of the Toronto-York- Spadina subway extension and presentation of the inaugural OBA Award of Excellence in Construction Law at the year-end dinner.
Congratulations Master Wiebe! February 26, 2013 Brendan D. Bowles On December 10, 2012 the Ministry of the Attorney General announced the appointment of Charles Wiebe as a Case Management Master of the Ontario Superior Court of Justice.
Suppliers Beware When Warranting Design February 26, 2013 Michael Parrish, Marina Pratchette Q.C. The recent British Columbia Court of Appeal case of Greater Vancouver Water District v. North American Pipe & Steel Ltd. provides a very good reminder to suppliers of the risks of providing warranties in supply contracts.
Construction and Insolvency Law, Process and Priorities The Intersection of Complex and Confusing February 26, 2013 Michael P. McGraw Two of the more specialized areas of law are construction and insolvency law. Each area largely operates under its own rules, in its own forum with specialized counsel and clients. When the two disciplines intersect, disputes can become complex and contentious.
Client Identification and Verification – A Simple On-Line Tool February 26, 2013 Brendan D. Bowles Since December 31, 2008, when By-Law 7.1 came into force, lawyers in Ontario are getting used to ensuring compliance with the Law Society’s client identification and verification requirements when opening a file for a new client, or when handling certain trust fund transactions.
The Labour and Material Bond Claim: a Venue of Recovery for the Unpaid Subcontractor February 26, 2013 Sonia Cordeiro Where a general contractor defaults on a construction project and a sub-contractor remains unpaid for services performed or materials supplied on the bonded project the unpaid subcontractor may bring a claim against the surety
Plus Ca Change - Timeliness of Lien Settled by Use of New Summary Judgment Rule February 26, 2013 David Debenham In Urbacon Building Groups Corp. v. The Corporation of The City of Guelph,, a subcontractor, Swan & Associates Inc., moves for a declaration that its claim for lien was timely, and for partial summary judgment with respect to that issue.
Sheltering and Saving an “Expired” Lien February 26, 2013 David Debenham There are time limits to preserve and perfect lien claims, as well as a time limit to set the lien down for trial. The enforcement of the two-year limitation period is mandatory and the Court retains no jurisdiction to exercise its discretion in applying it.
Breach of the Construction Trust Provisions and the "New"Limitations Act February 26, 2013 David Debenham Under previous limitations legislation, claims for breach of trust and fiduciary duty were not barred by legislation- only the equitable doctrine of laches. It is clear under the “new” Limitations Act, that the general, 2-year limitation period applies.