The End of Neverland? Bre-Ex Limited v. The Corporation of the City of Hamilton November 09, 2012 Marcia J. Oliver In that hazy period between the award of tender and the actual execution of the construction contract, or Neverland as I like to call it, owners and contractors, like the Lost Boys of Neverland
The Impact of Technology on the Construction Industry May 29, 2012 Karen B. Groulx Chief Justice McLachlin of the Supreme Court of Canada, in the summer of 2009, noted that fewer construction cases are being tried due to “complexity, time, preservation of relationships, cost, risk of outcome and other such factors”.
Practice Points: Claims Against a Non-Party in Lien Actions February 14, 2012 Arman Varoujan In a recent construction lien matter, the question arose whether a party defendant could add a non-party as a defendant to counterclaim.
Practice Tips February 14, 2012 At the beginning of January, 2012, the administrative support available to Masters in Toronto was re-structured due to government cut-backs.
Belmont Concrete Finishing Co. v Marshall 2011 ONSC 1560: Is the Evidentiary Threshold in Breach of Trust Claims Attaining New Heights? February 14, 2012 Jessica Caplan Internorth Construction Company (“Internorth”) was a design build contractor and general contractor. From 2001 to 2004 the only directors of Internorth were Marvin Marshall (“Marshall”) and Dane Hooks (“Hooks”).
Wall Comes Crumbling Down on Home Buyer’s Case Forbes v. Lund February 14, 2012 Howard Krupat The Supreme Court of Canada’s 1995 decision in Winnipeg Condominium Corporation No. 36 v. Bird Construction Co. Ltd.2 had a dramatic impact upon the construction industry...
Occupational Health & Safety: WSIAT Expands the Scope of Entitlement for Traumatic Mental Stress February 14, 2012 Charlotte Willson A recent decision of the Ontario Workplace Safety and Insurance Appeal Tribunal (“the Tribunal”) has significantly expanded the scope of entitlement for workplace events that cause traumatic mental stress.
Plus Ca Change--- Timeliness of Lien Settled by Use of New Summary Judgment Rule, Plus Ca Change…. February 14, 2012 David Debenham 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.
Summary Judgment Revisited February 14, 2012 Andrew J. Heal The Court of Appeal’s decision in the Combined Air Mechanical Services v. Flesch, et al case and their Application in the Construction Lien Context