Articles

The following articles are published by OBA Sections, including the Student Section. Members are encouraged to submit articles.

Editor: Cláudio Antônio Klaus Júnior 

Today
Today
Crisis Management Bulletin: Construction Contracts and COVID-19

Crisis Management Bulletin: Construction Contracts and COVID-19

  • April 06, 2020
  • Andrew J. Heal, J.D., LL.M., Heal & Co. LLP

This short legal bulletin raises some of the key legal considerations in managing the rapidly evolving impacts of the COVID-19 pandemic in our construction industry. It also urges all of us to take a collective deep breath, and pause, to work together to continue economic activities vital to the health of our nation.

Construction and Infrastructure Law, Student Forum
Staying the Enforcement of an Adjudicator’s Award: Will Ontario Follow the U.K. Test?

Staying the Enforcement of an Adjudicator’s Award: Will Ontario Follow the U.K. Test?

  • April 06, 2020
  • Damon Stoddard, Heal & Co. LLP

Over the past year, many articles have been written about the availability of adjudication. One author aptly wrote that “the legislation does not specifically refer to the proper invoice as the foundation of adjudication … as a result, the jurisdiction is arguably broader than originally envisioned [and] most common disputes arising on a construction project will likely fall within one or more of the listed matters, making adjudication widely available."

Construction and Infrastructure Law, Student Forum

How Do Suppliers Fit Within the New Prompt Payment Regime?

  • April 06, 2020
  • Jackie van Leeuwen, student-at-law at Glaholt Bowles LLP, Andrea Lee, Partner at Glaholt Bowles LLP,

The lag between a subcontractor completing its work on a project and the subcontractor being paid has been a longstanding source of tension in the construction industry. In the past, subcontractors typically had to wait for the contractor to be paid by the owner before money would flow down to them and, even then, there was no guarantee that they would be paid within weeks or even months of completing work on a project.

Construction and Infrastructure Law, Student Forum

Lawyers’ Checklist: Checking for Indicators of Undue Influence During Virtual/Digital (Video) Meetings

  • April 06, 2020
  • Kimberly A. Whaley, Whaley Estate Litigation Partners

Undue influence can be difficult to detect in a regular face-to-face client meeting. Detecting such influences through video conferencing may be even more challenging. It is therefore important to adapt to current norms and develop processes and steps to help determine if undue influence is at play in all situations. Following is a helpful checklist fo use during virtual/digital meetings or video conference calls with clients or potential clients.

Elder Law, Student Forum

Legal Ethics Checklist

  • April 02, 2020
  • Shawn Erker

A five-point legal ethics checklist to help avoid impropriety and unintentional ethical breaches when undertaking legal matters.

Law Practice Management, Student Forum