Articles 2023

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.

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.