OBA.org - Articles 2020

Will Failure to Comply with the Notice Provisions in a Contract Preclude a Contractor’s Claim? It Depends on the Facts

June 06, 2018
Yonni Fushman

The recent decision in Clearway Construction Inc. v. The City of Toronto, [2018] O.J. No. 1468 (“Clearway”), suggests that Technicore must be understood on its facts rather than standing for an inflexible principle.

Construction Legislation Reform in Canada – Prompt Payment

May 10, 2018
Andrew J. O’Brien and Ted Betts

In the last few years the momentum for change has grabbed hold of the construction industry in Canada, and pulled tight on the reins. Several provinces, as well as the federal government, have been grappling with the issue of prompt payment on construction projects, and trying to determine how best to incorporate the rights and concerns of the most vulnerable parties who are lower down the pyramid: the construction trades.

OBA CPD Panel Addresses Bill 142

December 19, 2017
Jay Nathwani

On October 3, 2017, members of the OBA Construction Law Section and other interested attendees were privileged to have the opportunity to be guided through the upcoming amendments to the Construction Lien Act by a distinguished panel at the OBA’s CPD event, “The Authoritative View of the Construction Lien Amendment Act, Bill 142.”

Recent Developments in Construction and Infrastructure Law: Highlights from the Ontario Bar Association

November 14, 2017
Courtney Raphael and Dillon Collett

The OBA recently held a seminar where industry practitioners offered insight into the evolving landscape of procurement law, professional liability, construction lien actions, construction contracts, and engineering agreements.

OBA Construction Law Tour and Award Dinner - 2017

June 29, 2017
Lea Nebel

On June 7, 2017, the OBA Construction & Infrastructure Section held its annual tour and award dinner.

Security for Costs and Holdback Entitlement

May 30, 2017
Katherine Thornton

In Yuanda Canada Enterprises Ltd. v. Pier 27 Toronto Inc., Master Wiebe broke new ground and denied Defendants security for costs in part because of the Plaintiff’s holdback entitlement which exceeded the Defendant’s costs for the action.

Ontario Government to Restructure Tarion

April 21, 2017
James Clinton and Richard Wong

On March 28, 2017, Minister of Government and Consumer Services Tracy MacCharles announced that the Ontario government intends to proceed with many of the 37 recommendations contained in the 2016 independent review conducted by the Honourable J. Douglas Cunningham, QC.

Dismissal for Delay: Southwestern Sales Corp. v. Spurr Bros. Ltd.

March 27, 2017
David I. Bristow, Q.C.

In July of 2016, the Ontario Court of Appeal, in Southwestern Sales Corp. v. Spurr Bros. Ltd., 2016 ONCA 590, delivered judgment in a case of dismissal of six construction lien actions and one trust action for delay.

High Risk, High Reward: Solicitor Negligence and Loss of Opportunity Clarified in <em>Jarbeau v. McLean</em>

High Risk, High Reward: Solicitor Negligence and Loss of Opportunity Clarified in Jarbeau v. McLean

February 28, 2017
Brennan Maynard

In most cases where a lawyer is negligent, the plaintiff has the choice to bring a claim against the lawyer in tort, for professional negligence, or in contract, for breach of the retainer agreement.

Our Section's Annual Tour

February 28, 2017
David Debenham

As Toronto Lifemagazine does a feature article on how Toronto’s new Super Jail is “the Billion Dollar Hellhole”, I cannot help but reflect on what an incredible value the Construction and Infrastructure’s annual year-end tours are.

Tracking Preferences

Articles 2020