Articles 2023

Broad, numerous and significant amendments to the Construction Lien Act (now called the Construction Act) came into force in Ontario on July 1, with more coming on October 1, 2019. These changes will bring about a real culture shift in the construction industry. Are lenders ready for it?

The recent decision in Clearway Construction Inc. v. The City of Toronto, [2018] O.J. No. 1468 (“Clearway”), suggests that Technicore must be understood on its facts rather than standing for an inflexible principle.

In the last few years the momentum for change has grabbed hold of the construction industry in Canada, and pulled tight on the reins. Several provinces, as well as the federal government, have been grappling with the issue of prompt payment on construction projects, and trying to determine how best to incorporate the rights and concerns of the most vulnerable parties who are lower down the pyramid: the construction trades.

On October 3, 2017, members of the OBA Construction Law Section and other interested attendees were privileged to have the opportunity to be guided through the upcoming amendments to the Construction Lien Act by a distinguished panel at the OBA’s CPD event, “The Authoritative View of the Construction Lien Amendment Act, Bill 142.”

The OBA recently held a seminar where industry practitioners offered insight into the evolving landscape of procurement law, professional liability, construction lien actions, construction contracts, and engineering agreements.