Articles 2023

I often write and speak about winning at mediation (it’s not an oxymoron), and as a mediator, I remain convinced that most counsel can do a much better job with their advocacy at mediation (also not an oxymoron). One of my mantras has become “help me to help you”; since I will be your advocate in the other room, make it as easy as possible for me to understand and explain your case in a compelling manner when I am speaking with the other side. That is how you win at mediation.

An exciting update on the Ontario Bar Association (OBA) Construction & Infrastructure Law Section Golf Day held on September 30, 2022 as well as the continuing professional development session that followed.

General reviews are a critical component of many construction projects. Professionals engaged to carry out a general review must observe sufficient aspects of the construction to enable verification that the work has been completed with approved plans. Failure to do so, may have negative consequences for the reviewing professional.

Following the Court's decision in the SOTA Dental Studio Inc. case, the authors review the Divisional Court's treatment of the adjudicator's role and jurisdiction as set out in the interim adjudication provisions of the Construction Act.

The Gowling WLG Waterloo construction team reviews the latest Ontario Court of Appeal decision of Urban Mechanical Contracting Ltd v Zurich, which creates significant implications for the bonding sector of the construction industry.