The Labour and Material Bond Claim: a Venue of Recovery for the Unpaid Subcontractor 26 février 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 26 février 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 26 février 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 26 février 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.
The “Hired Guns” have been silenced 26 février 2013 Sharon Vogel Construction trials often involve a “battle of the experts” on issues such as causation in relation to construction defects and quantification of damages, including delay damages. A strong expert report can be a key element of a successful construction claim or defence.
How to Get a Home Run Without Running the Bases 26 février 2013 Sandra Astolfo, Torkin Manes LLP In one paragraph, the Court of Appeal issued an endorsement which may make it easier for a plaintiff, in some construction breach of trust cases against officers, directors and persons having effective control of a corporation, to continue to...
Award of Excellence Selection Process and OBA Criteria 26 février 2013 The Construction Law Section of the Ontario Bar Association has established an Award of Excellence to recognize exceptional contributions by individuals both to the law and the construction bar.
Notice to the Profession! 26 février 2013 Andrew Heal The following notice is provided for information purposes only. The OBA Construction Section Executive has been monitoring a developing issue since the fall of 2012 relating to the form of document used to vacate liens from title in many local Land Registry Offices across Ontario.
Construction Law Section’s 9th Annual Golf Day 09 novembre 2012 The OBA Construction Law Section's 9th Annual Golf Day was held on June 18, 2012 at Royal Ontario Golf Club in Hornby, Ontario. The attendees were treated to beautiful weather and a great day of laughs and golf.
Creditor Priority as between Factoring Companies and Lienholders 09 novembre 2012 Karen Groulx The recent decision from Alberta in Van T Holdings Inc. v. KCS Equipment Ltd. should be of interest to factoring companies and lien claimants.