Articles

Dean’s Standard Inc. painfully illustrates why construction contractors must proceed with caution when entering into agreements to supply labour or materials at the behest of a potential purchaser of a property where the actual owners of the property are not present throughout the contractual discussions.

On June 9, 2016, members of the Construction & Infrastructure Law Section assembled at the Albany Club of Toronto to celebrate the beginning of summer, get an up-close look at the E&Y Tower construction project at 100 Adelaide Street West, and toast the accomplishments of Geza R. Banfai as he was awarded this year’s OBA Award of Excellence in Construction & Infrastructure Law.

In November of 2015, the Honourable J. Douglas Cunningham was appointed by the Ontario Minister of Government and Consumer Services as a special advisor to conduct an independent review of the Ontario New Home Warranties Plan Act and the Tarion Warranty Corporation, with a general focus on reviewing the existing protections for owners of new homes and experiences to date and identifying opportunities to improve consumer protection.

It has been almost two years since the Supreme Court of Canada recognized “a new common law duty that applies to all contracts as a manifestation of the general organizing principle of good faith: a duty of honest performance” in the landmark Bhasin v. Hyrnewdecision. As Bhasin enters its toddler years, how has the duty of good faith evolved?

Ann A. Hatsios writes a moving tribute to her firm mentor, Joel Kuchar of Drudi Alexiou Kuchar LLP.

David Debenham shares his view on how a particular class of self-represented litigants are damaging the legal system.

Nortown was contracted to Burl 9 and Intracorp separately to provide plumbing work on their respective housing subdivision projects, each of which contained several lots.

On April 13, 2016, the Canadian Senate passed the first reading of Bill S-224, An Act respecting payments made under construction contracts, to be known as the Canada Prompt Payment Act. On April 19, Bill S-224 was put on the Order Paper for second reading.

In Employment Professionals Canada Inc. v. Steel Design the Court once again deals with the thorny question of limitation periods where business people decide to forebear on their legal rights, this time in the context of a “prevenient arrangement”. Where labour or materials are supplied under an arrangement or understanding that supplies are provided at a going rate per hour or per item for one project, even if they are not ordered at one time, this is a “prevenient arrangement”.

The long, 32 year wait to reform Ontario’s Construction Lien Act may soon be over. The Province’s independent expert review of the Act is expected to submit its final report and recommendations at the end of April.