Construction and Insolvency Law, Process and Priorities The Intersection of Complex and Confusing February 26, 2013 Michael P. McGraw Two of the more specialized areas of law are construction and insolvency law. Each area largely operates under its own rules, in its own forum with specialized counsel and clients. When the two disciplines intersect, disputes can become complex and contentious.
Client Identification and Verification – A Simple On-Line Tool February 26, 2013 Brendan D. Bowles Since December 31, 2008, when By-Law 7.1 came into force, lawyers in Ontario are getting used to ensuring compliance with the Law Society’s client identification and verification requirements when opening a file for a new client, or when handling certain trust fund transactions.
The Labour and Material Bond Claim: a Venue of Recovery for the Unpaid Subcontractor February 26, 2013 Sonia Cordeiro Where a general contractor defaults on a construction project and a sub-contractor remains unpaid for services performed or materials supplied on the bonded project the unpaid subcontractor may bring a claim against the surety
Plus Ca Change - Timeliness of Lien Settled by Use of New Summary Judgment Rule February 26, 2013 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.
Sheltering and Saving an “Expired” Lien February 26, 2013 David Debenham There are time limits to preserve and perfect lien claims, as well as a time limit to set the lien down for trial. The enforcement of the two-year limitation period is mandatory and the Court retains no jurisdiction to exercise its discretion in applying it.
Breach of the Construction Trust Provisions and the "New"Limitations Act February 26, 2013 David Debenham Under previous limitations legislation, claims for breach of trust and fiduciary duty were not barred by legislation- only the equitable doctrine of laches. It is clear under the “new” Limitations Act, that the general, 2-year limitation period applies.
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.