Articles 2025

The pending amendments to the Construction Act (“the Act”) include a new requirement for the annual release of holdback, without the right to set off against holdback. However, while implementing a number of significant changes to the Act, the Legislature elected not to close an identified gap in the Act related to Public Private Partnership (“P3”) projects. As a result, a significant issue is created in the context of mandatory annual holdback released on P3 projects in Ontario.

In the fast-paced world of construction, delays can pose significant challenges to project success. In this Breaking Down the Walls series we simplify the fundamentals of construction delays, providing readers with the necessary tools to proactively identify and assess delays on their own projects in Canada, and focus on the damages that are often claimed as a result of schedule delay.

The type of property interest a mining company has in the lands dictates the manner in which liens are preserved and perfected. Consequently, when liening lands on which a mine is located the paramount consideration is determining the nature of the owner’s interest in the mining claim.

This is the third article in the 2024-2025 Newsletter’s Reflections series, featuring reflections on extraordinary careers by senior counsel in the construction bar.

This is the second article in the 2024-2025 Newsletter’s Reflections series, featuring reflections on extraordinary careers by senior counsel in the construction bar.

An 849-paragraph testament to the grinding weight of our civil justice system, the decision in Walsh Construction v. Toronto Transit Commission et al., 2024 ONSC 2782, was arrived at after a trial stretching over 19 months. In spite of the achievement that the decision represents, its findings on flow-through claims of subcontractors represent a potentially troubling precedent for the industry, and are puzzling as a matter of law. They bear further scrutiny on the appeal currently underway.

Time is of the essence when it comes to the role of a delay expert in a construction dispute. With cases increasingly involving vast amounts of data, AI has become a formidable tool for delay experts. However, AI tools are not without their limitations. Human oversight is still crucial to ensure both reasonableness and accuracy in legal proceedings.

The Ontario Superior Court of Justice recently provided insight into what steps an owner must take to establish a defence of due diligence and avoid liability under the Ontario Occupation Health and Safety Act, R.S.O. 1990, c. O.1 (“OHSA”).

This is the first article in the 2024-2025 Newsletter’s Reflections series, featuring reflections on extraordinary careers by senior counsel in the construction bar. We are grateful to Duncan Glaholt for inaugurating this series.