Amendments to Construction Act – Bill 57, the Restoring Trust, Transparency and Accountability Act, 2018 30 novembre 2018 Lena Wang, Glaholt LLP On November 15, 2018, the Ontario Legislative Assembly introduced Bill 57, the Restoring Trust, Transparency and Accountability Act, 2018. If passed, this omnibus bill would amend the Construction Act, along with a number of other acts.
Application to Delete Construction Lien – A Cautionary Tale 23 novembre 2018 Brendan D. Bowles, partner, Glaholt LLP A recent incident which came to light with a faulty registration in Teraview of an Order vacating a construction lien demonstrates that changes made in 2016 to the electronic registration regime are still subject to a “learning curve”.
Changes to Ontario’s New Home Warranties Regime 23 novembre 2018 Heather Michel Change is coming to the regulation of builders and vendors of new homes in Ontario.
Case Review: Valard Construction Ltd. v. Bird Construction Co. 2018: The duty to disclose the existence of a bond to potential beneficiaries 09 novembre 2018 Maria Le Hunte A case that confirms that, in general, wherever a beneficiary would be “unreasonably disadvantaged” by not being informed of a trust’s existence, the trustee’s fiduciary duty includes an obligation to disclose the existence of the trust.
A Bargain Struck: Surety Bonds under Ontario's New Construction Act 11 octobre 2018 Andrew O’Brien and James Little An overview of the changes to the Construction Act in relation to the new bonding requirements and related Regulations.
Mind The Gaps: Top 5 Things Lenders Should Know About the New Construction Act 14 septembre 2018 Edward (Ted) G. Betts 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?
Will Failure to Comply with the Notice Provisions in a Contract Preclude a Contractor’s Claim? It Depends on the Facts 06 juin 2018 Yonni Fushman 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.
Construction Legislation Reform in Canada – Prompt Payment 10 mai 2018 Andrew J. O’Brien and Ted Betts 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.
OBA CPD Panel Addresses Bill 142 19 décembre 2017 Jay Nathwani 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.”
Recent Developments in Construction and Infrastructure Law: Highlights from the Ontario Bar Association 14 novembre 2017 Courtney Raphael and Dillon Collett 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.