Articles 2023

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.

Construction trials often involve a “battle of the experts” on issues such as causation in relation to construction defects and quantification of damages, including delay damages. A strong expert report can be a key element of a successful construction claim or defence. 

In one paragraph, the Court of Appeal issued an endorsement which may make it easier for a plaintiff, in some construction breach of trust cases against officers, directors and persons having effective control of a corporation, to continue to...

The Construction Law Section of the Ontario Bar Association has established an Award of Excellence to recognize exceptional contributions by individuals both to the law and the construction bar.

The following notice is provided for information purposes only. The OBA Construction Section Executive has been monitoring a developing issue since the fall of 2012 relating to the form of document used to vacate liens from title in many local Land Registry Offices across Ontario.

The recent decision from Alberta in Van T Holdings Inc. v. KCS Equipment Ltd. should be of interest to factoring companies and lien claimants.

Here is a tip that may help your clients fund the cost of their next lien claim.

Christmas Eve 2012 will mark the third anniversary of one of the most publicized workplace accidents in recent Canadian history.