Articles 2022

The Ontario Court of Appeal recently brought further clarity to the introduction of expert evidence at trial, specifically with respect to the application of Rule 53.03 of the Rules of Civil Procedure. In its decision in Westerhof v. Gee Estate, the court found that Rule 53.03 does not apply to all witnesses with expertise who are called upon to give opinion evidence at trial.

The August 19, 2014 decision of Acciona turns on the issue of coverage under a Course of Construction (COC or Builders Risk) Policy. The decision could be fundamental to the areas of construction and insurance law, and in particular the way in which the courts interpret the LEG2/96 clause - a design/workmanship - exclusion.

This practice alert highlights the Rule 48 amendments.

In Bhasin v. Hrynew, the Supreme Court of Canada has established that an overarching duty of good faith is owed between contracting parties.

Finding similarities between the laws of Canada and the United States is often found helpful by Americans doing business in Canada, but can also assist when one’s research hits a dead end and a larger pool of precedents is needed.

A contractor subject to a clearly-drafted notice provision should understand and comply with its terms.