The “Hired Guns” have been silenced February 26, 2013 Sharon Vogel 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.
How to Get a Home Run Without Running the Bases February 26, 2013 Sandra Astolfo, Torkin Manes LLP 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...
Award of Excellence Selection Process and OBA Criteria February 26, 2013 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.
Notice to the Profession! February 26, 2013 Andrew Heal 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.
Construction Law Section’s 9th Annual Golf Day November 09, 2012 The OBA Construction Law Section's 9th Annual Golf Day was held on June 18, 2012 at Royal Ontario Golf Club in Hornby, Ontario. The attendees were treated to beautiful weather and a great day of laughs and golf.
Creditor Priority as between Factoring Companies and Lienholders November 09, 2012 Karen Groulx The recent decision from Alberta in Van T Holdings Inc. v. KCS Equipment Ltd. should be of interest to factoring companies and lien claimants.
“Claim for Set-off can Trigger a Duty to Defend” November 09, 2012 Edward Dreyer, Scott Sobering Here is a tip that may help your clients fund the cost of their next lien claim.
After Metron: Corporate Criminal Liability Based Solely on Supervisory Action? November 09, 2012 Jeremy Warning, Christina Hall, Cheryl A. Edwards Christmas Eve 2012 will mark the third anniversary of one of the most publicized workplace accidents in recent Canadian history.
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”.