Articles 2023

Following the Court's decision in the SOTA Dental Studio Inc. case, the authors review the Divisional Court's treatment of the adjudicator's role and jurisdiction as set out in the interim adjudication provisions of the Construction Act.

The Gowling WLG Waterloo construction team reviews the latest Ontario Court of Appeal decision of Urban Mechanical Contracting Ltd v Zurich, which creates significant implications for the bonding sector of the construction industry.

Settlements are always preferred to litigation, but it's important to note the following procedural steps when finalizing a settlement in construction lien litigation.

An extensive review of the current and ongoing caselaw relating to whether or not a breach of trust action may be joined with a lien claim.

In SOTA Dental Studio Inc. v. Andrid Group Ltd., 2022 ONSC 2254 (“SOTA”), the Divisional Court unanimously rejected the owner’s application for judicial review of an adjudicator’s order requiring payment of outstanding invoices. The application was rejected because the applicant had neither paid the order under review, nor moved for a stay. SOTA is the first reported decision from a judicial review of an adjudicator’s decision under Ontario’s Construction Act.

Introducing the In-House Insights series, where we interview in-house lawyers on their work experiences, the difference in their responsibilities from out-house firms, and general advice. Jason Lewis is Principal Legal Counsel at WSP, one of the world's leading engineering professional services consulting firms. Since 2016-17, Jason has served as a member of the Ontario Bar Association Construction and Infrastructure Law Section Executive.

Introducing the In-House Insights series, where we interview in-house lawyers on their work experiences, the difference in their responsibilities from out-house firms, and general advice. Before moving in-house, Lyndsay's practice focused on commercial litigation, lawyers' negligence, and employment law. Lyndsay acted for business and individuals in commercial matters, including breach of contract claims and real property disputes.

Introducing the In-House Insights series, where we interview in-house lawyers on their work experiences, the difference in their responsibilities from out-house firms, and general advice. Having obtained his legal training from the University of Saskatchewan's College of Law, Jordan spent eight years in private practice prior to making his transition to in-house counsel at Aecon Group Inc.

Introducing the In-House Insights series, where we interview in-house lawyers on their work experiences, the difference in their responsibilities from out-house firms, and general advice. Charlie is Legal Counsel at Aecon Group Inc. He has been at Aecon for over three years, after articling and practicing litigation at Ross & McBride in Hamilton. His current practice includes all aspects of infrastructure law, with a focus on utilities and energy.

Introducing the In-House Insights series, where we interview in-house lawyers on their work experiences, the difference in their responsibilities from out-house firms, and general advice. Devon Ryerse was called to the bar in 2007 and practiced commercial and general litigation in Hamilton, Ontario for several years before transitioning to an in-house role at Aecon Group Inc.