Articles 2022

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.

In typical construction contracts, the parties approach the project consultant to make a decision regarding the contractual obligations of the respective parties.

A fabulous end to another successful year! On June 11, 2013 we marked the conclusion of our 2012-13 term with a tour of the Toronto-York- Spadina subway extension and presentation of the inaugural OBA Award of Excellence in Construction Law at the year-end dinner.

The recent British Columbia Court of Appeal case of Greater Vancouver Water District v. North American Pipe & Steel Ltd. provides a very good reminder to suppliers of the risks of providing warranties in supply contracts.

Two of the more specialized areas of law are construction and insolvency law. Each area largely operates under its own rules, in its own forum with specialized counsel and clients. When the two disciplines intersect, disputes can become complex and contentious.

Since December 31, 2008, when By-Law 7.1 came into force, lawyers in Ontario are getting used to ensuring compliance with the Law Society’s client identification and verification requirements when opening a file for a new client, or when handling certain trust fund transactions.

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

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.

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.

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.