Articles 2021

Joint OBA Program by the Insolvency Law Section and the Construction and Infrastructure Law Sections on Construction Industry Insolvencies and the Impact of RBC v. Atlas.

This commentary considers the circumstances under which the Construction Lien Act facilitates early release of statutory holdback and the risks associated with early holdback release.

Province to launch independent review of the Construction Lien Act.

Bill 69, for all intents and purposes, is dead. What’s next?

Insolvency proceedings create a forum where numerous areas of law and commercial interests collide. With respect to construction projects affected by insolvency proceedings, given that there are usually insufficient funds to pay all creditors, these collisions are most pronounced in the determination of relative priorities.

These cases highlight some of the practical and legal considerations that lien claimants, lenders and court-appointed officers face with respect to interim financing in insolvency proceedings.

In Standard Condominium No 2095 v West Harbour City (I) Residences Corp (2013 ONSC 5987) the OSCJ enforced a limitation of liability provision thereby preventing a condominium corporation from seeking recourse against a developer for construction deficiency claims.

A reminder that lien claimants and their counsel take a significant risk when they take the Act’s deadlines lightly.

The electronic registration of construction liens and other land title documents in Ontario has brought many benefits to lawyers and law clerks.

Lawyers who do construction lien litigation are familiar with the process of “bonding off” liens under the Construction Lien Act, (Ontario). By posting a bond as security for the construction lien claim, a party can arrange to have the lien vacated from title to the land.