Case Comment: A Narrow Interpretation of the Coverage Available Under a Builder's Risk Insurance Policy: Pre-Eng v. Intact August 13, 2019 Sharon Vogel and Webnesh Haile Pre-Eng is one of a growing number of cases to adopt a narrower interpretation of the wording of a builder's risk insurance policy, finding that only the insured's actual interest in the property insured was covered by the policy.
Case Comment: 9585800 Canada Inc. v. JP Gravel Construction August 13, 2019 Brendan Bowles and Markus Rotterdam, Glaholt LLP Ever since the 1992 decision in Southridge Construction Group Inc. v. 667293 Ontario, section 48 of the Construction Act has been interpreted to the effect that once a lien is discharged, a claimant cannot lien again for services performed prior to the date of the perfection of the first, discharged lien. How has the uniform application of Southridge changed as a result of the recent decision in 9585800 Canada Inc. v. JP Gravel Construction, 2019 ONSC 3396 (S.C.J.)
Adjudication under the Construction Act: Tight Timelines and Document Management June 11, 2019 Howard Wise and Michael Richards, Goodmans LLP The Construction Lien Amendment Act was passed in December 2017 and substantively changed the Construction Lien Act, now the Construction Act . Its primary purposes were to: (i) modernize the existing Construction Lien Act; (ii) provide prompt payment legislation throughout Ontario; and (iii) introduce adjudication provisions for disputes arising in the course of a contract.
“Transforming” Tarion: An Update March 13, 2019 Heather Michel, Glaholt LLP On February 20, 2019, the Ministry of Government and Consumer Services announced that the Progressive Conservative government of Ontario intends to revive the previous government’s efforts to transform Tarion Warranty Corporation, and will also be implementing initiatives to better protect purchasers of cancelled pre-construction condominium projects.
The Guarantee Company of North America v. Royal Bank of Canada: return (or revenge?) of the statutory lien trust January 22, 2019 R. Brendan Bissell In the Star Wars movies, there are points where the Jedi seem to have wiped out the Sith (or vice versa) only to find out that the other has come back to life. Stakeholders, lawyers and insolvency professionals who had seen, or hoped for, the end of the statutory construction lien trust after bankruptcy might be forgiven for feeling like that after January's Court of Appeal for Ontario decision in The Guarantee Company of North America v. Royal Bank of Canada.
Amending the Amended Construction Act: Bill 57 Receives Royal Assent December 14, 2018 Todd Robinson, vice-chair, Construction & Infrastructure Law Section Executive, Cassels Brock & Blackwell LLP, Bill 57, An Act to enact, amend and repeal various statutes received Royal Assent on December 6. It amends over 45 statutes. Why should construction practitioners take note? Schedule 8 of Bill 57 amends the Construction Act, making further amendments to certain recent amendments implemented by the Construction Lien Amendment Act, 2017. The following summarizes the amendments to the amendments.
Amendments to Construction Act – Bill 57, the Restoring Trust, Transparency and Accountability Act, 2018 November 30, 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 November 23, 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 November 23, 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 November 09, 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.