Articles 2020

On May 11, 2020, the Federal Court of Appeal upheld a sweeping order for Canada’s tax authorities to obtain customer information from Roofmart Ontario Inc. (“Roofmart”) to investigate its customers’ tax compliance.

Not all warranty provisions are created equal when it comes to construction contracts. Individual warranty provisions may vary in length of time, scope, and the degree of fault required to trigger those obligations.

Not all warranty provisions are created equal when it comes to construction contracts. Individual warranty provisions may vary in length of time, scope, and the degree of fault required to trigger those obligations.

These are rapidly evolving and legally unprecedented circumstances which have had, and will continue to have, significant impacts on construction projects. This article considers the potential applicability of force majeure provisions and the doctrine of frustration in the current circumstances.

E-litigation—litigation that is either paperless or virtual—is the way of the future. This was already becoming true when we conducted the first paperless trial in the history of the construction courts in Toronto in early 2020, and it is even more apparent during the ongoing COVID-19 pandemic the world finds itself in.

Tarion Warranty Corporation (“Tarion”) has issued a number of advisories regarding the suspension of certain new home warranty program processes.

In view of COVID-19, on March 20, 2020, the Attorney General of Ontario ordered the suspension of limitation periods and other procedural time periods. The Order is retroactively dated to March 16, 2020.

A summary of important legal information for Ontario businesses in construction to keep in mind during the COVID-19 / coronavirus crisis.