Welcome to this issue of the Construction and Infrastructure Law Section Insider, our first as your co-editors. We are pleased to bring you three articles on questions Ontario practitioners face every day.
We begin with procurement. Ontario is in the middle of a $200+ billion infrastructure buildout and has passed the Buy Ontario Act, drawing on the American approach to domestic sourcing. In “Buy Ontario: What Contractors Need to Know,” Joshua Strub and Jacob Lokash of Margie Strub Construction Law LLP explain the capital infrastructure requirements in the Provincial and Municipal Directives. They cover the new Domestic Supply Chain Plan and the evaluation approaches open to owners. Their worked examples show how each approach can produce a different winning bidder on the same bids. They finish with five practical steps for contractors.
Rachel Fielding of Glaholt Bowles LLP then reviews Bradley-Kelly Construction Ltd. v. GIP Construction Ontario East Ltd., 2026 ONSC 5180. The case arose on Ottawa's Trillium Line Extension. The Court held that a sub-subcontractor's work at two sites under two subcontracts was work on a single ‘improvement’. It relied on the unified project structure, the single holdback fund and certificate of substantial performance, and the contiguity of the lands. The decision gives timely guidance on lien timelines for multi-site projects.
Finally, Pavle Levkovic of Aird & Berlis LLP comments on KingSett Mortgage Corporation v. Mapleview Developments Ltd., 2026 ONCA 512. In that decision, the Court of Appeal clarified section 78(2) of the Construction Act on holdback deficiencies and mortgage priority. It is essential reading for lenders, owners and lien claimants.
Looking ahead, our Section's 2027 PD calendar currently includes the Ontario Legal Conference: Construction Law, An Evening with the Bench, our 22nd Annual Golf Day, the Construction Law Symposium: Managing Mid-Project Issues, the Year in Review, and several other events. We hope to see you there.
Thank you to this issue's contributors. We welcome articles, case comments and practice notes for future issues.