Articles 2024

Construction contracts take many forms around the world. In this article, the author outlines the key elements that are common among many construction contracts, and surveys a number of international standard form contracts available to construction projects globally.

Can a corporation challenge a mandatory minimum fine on the basis that it infringes s. 12 of the Canadian Charter of Rights and Freedoms? This is the question the Supreme Court of Canada will address in Attorney General of Quebec, et al. v. 9147-0732 Québec Inc., which was argued before the Supreme Court in January 2020 and is currently under reserve.

Following are this week’s summaries of the Court of Appeal for Ontario.

Litigators can use the Rules of Civil Procedure to better advantage; Kimberly Boara Alexander suggests how.

Following are this week’s summaries of the civil decisions. Ingarra v. 3010999 Ontario Limited (Previn Court Homes) is a reminder to residential real estate lawyers that their clients purchasing new homes have added rights under the Tarion legislation regarding extensions of the closing date. In Zhao v. Li, the Court of Appeal distinguished between singular and ongoing acts of oppression. Other topics included a large fraud against a foreign pension fund.

Ontario’s reformed Construction Act has been fully in force since October 1, 2019. The changes to the Act and its regulations are still settling across the province, at times in surprising ways. In the Ontario Superior Court’s recent decision, The Gatti Group Corp v. Zuccarini, 2019 ONSC 7050 (“Zuccarini”), the Act amplified the defendants’ successful second security for costs motion, resulting in an order that the plaintiff post $95,000 into court in 30 days.

The recent decision in Norcon Marine Services Ltd., (Re), 2019 NLSC 238 (“Norcon”) may have important implications beyond Newfoundland and Labrador. In Norcon, the Court denied an application for a Court-appointed receivership on the basis that the applicant did not demonstrate that a Court-supervised process was “necessary”. In so deciding, among other reasons, the Court put an emphasis on the availability of a private receivership as an adequate alternative avenue of relief.

Federal Court of Appeal reinstates the legitimacy of protective orders in complex intellectual property disputes.

How Imprimo – a public blockchain registry – will improve Canadian copyright protection for visual artists.