Resources, Articles, & Advocacy
Article | January 15, 2026
Ontario’s Construction Act – Key 2026 Amendments and Practical Implications
Ontario has implemented significant amendments to the Construction Act and its regulations effective January 1, 2026, aimed at accelerating cash flow, clarifying rights, and refining adjudication and trust mechanisms across the construction pyramid. This article condenses the principal changes and their practical consequences for construction practitioners in Ontario.
Article | January 15, 2026
Construction Management Contracts: Updated, Refined, and Reflective of Modern Practice
The Canadian Construction Documents Committee (CCDC) recently issued updates to four of its standard form contracts. This article focuses on changes to the following three contracts:
- CCDC 5A – Construction Management Contract – For Services;
- CCDC 5B – Construction Management Contract for Services and Construction; and
- CCDC 17 – Stipulated Price Contract Between Owner and Trade Contractor for Construction Management Projects (collectively, the “2025 CM Contracts”).
Article | January 15, 2026
Rule 49.14: The New Reality of Partial Settlement Disclosure
On June 16, 2025, new Rule 49.14 of the Rules of Civil Procedure came into force. The rule codifies a line of case law which imposed significant consequences on parties who failed to disclose partial settlements. This article reviews the requirements of the new rule and provides practical guidance for practitioners navigating the transition.
Article | January 15, 2026
Working Without Certification? You Might Be Out of Luck – Legally and Financially
Picture this – you are subcontractor who has been contracted to build, weld, and otherwise complete the structural steel component of a commercial building. Your team finishes the welding – only to realize afterward that none of the workers were certified by the Canadian Welding Bureau (“CWB”), nor were they supervised by someone who was. You submit your invoice to the general contractor or the owner, but payment is refused due to "deficiencies." Can you still enforce your right to payment? According to the common law in Ontario, the short answer is unlikely.
Article | January 14, 2026
Performance Bonds Remain Effective Despite Stay Ordered in CCAA Proceedings
On April 17, 2025, Earth Boring Co. Limited (EBCL) sought protection under the Companies’ Creditors Arrangement Act (the CCAA). Among the provisions of the court’s initial order was a temporary stay preventing claims being made on certain performance bonds. This temporary stay led some in the construction industry to question the value of performance bonds during an insolvency. The outcome of the EBCL case, however, demonstrates the objectives of the CCAA process can be achieved without prejudicing the rights of project owners who want to ensure that their bonded contracts are completed.
Legislative Update | January 12, 2026
Your OBA LegUp Policy and Legislative Update Week of January 5
Premier Ford to Turn Over Personal Phone Records: The Ford government’s request for a judicial review of two IPC rulings on access to the Premier’s private phone logs was dismissed. In their decision, the judges wrote, “The conclusion that the Premier used his personal cellphone to conduct Cabinet Office matters is a finding of fact that attracts a high degree of deference.” The Premier’s office will be seeking leave to appeal the decision.
