Resources, Articles, & Advocacy
Article | October 28, 2025
Saved by Absurdity: Contractual vs Statutory Limitation Periods in Standard Form Contracts
The Ontario Court of Appeal decision in Ontario (Transportation) v. J & P Leveque Bros. Haulage Ltd., 2025 ONCA 573, provides critical guidance on the interpretation of dispute resolution provisions in standard form government construction contracts and the limitation periods pertaining to same.
Article | October 28, 2025
Another Ontario CCAA Order Stays Claims Against Performance Bonds
On July 14, 2025, we discussed Justice Steele’s order in the Earth Boring et al. CCAA proceeding which stayed claims against performance bonds. The concerns raised by the authors with this type of stay provision appearing in future CCAA orders have been proven to be well-founded.
Article | October 28, 2025
Tolling Agreements in Construction Contracts – A Practical Solution
This article explores including tolling agreements directly within one’s construction contract, obviating the need to commence an action prematurely to avoid losing their claim due to the Limitations Act.
Article | October 28, 2025
Recovery Schedules and Acceleration: Two Case Studies
When schedule delays impact important contract milestones beyond key deadlines, a recovery schedule may be the only chance a project has to achieve those milestones. This article explores lessons learned from two projects that were significantly delayed and used recovery schedules to achieve project success, and discusses guidelines from the AACE Recommended Practice 54R-07, “Recovery Scheduling – As Applied in Engineering, Procurement, and Construction.”
Article | October 28, 2025
Carillion 2.0? Ontario Judge Orders Stay of Claims Against Performance Bonds
On May 28, 2025, a precedent-setting order was issued in a Companies’ Creditors Arrangement Act (“CCAA”) proceeding preventing calls on performance bonds by obligees unless the written consent of the insolvent companies and monitor is obtained, or leave is granted by a commercial court judge.
Advocacy | October 28, 2025
Your OBA LegUp Policy and Legislative Update Week of October 20
Ford v Trump: President Trump announced plans to halt trade negotiations with Canada over Premier Ford’s anti-tariff ad campaign in the U.S. Earlier this month, Ontario launched a $75 million ad campaign in the U.S. using former President Reagan’s own words discussing the negative impacts of tariffs.
