Resources, Articles, & Advocacy
Article | March 31, 2026
Holdback is Always Holdback
In the days of the Construction Lien Act (the “CLA”), it used to be said that holdback lost its character as holdback and became trust funds once liens expired. But that has not been the case since the introduction of the Construction Act’s amendments in 2018. On an improvement to which the Construction Act applies, owners cannot avoid holdback payment obligations simply by waiting (with one strange, recent caveat). This article provides a brief overview of how holdback has been treated when it comes time for payment by the owner.
Advocacy | March 27, 2026
Your OBA LegUp Policy and Legislative Update Week of March 23
2026 Ontario Budget: On Thursday, the Ontario government released the 2026 Budget, A Plan to Protect Ontario. Justice sector spending is projected at $7.3 billion in 2026-27, and the overall deficit for 2026-27 is $13.8 billion, up from the $7.8 billion figure in the 2025 budget. You can read more about the budget and view the full document here.
Advocacy | March 27, 2026
OBA Update - Budget 2026
Justice sector expense is projected to increase from $7.2 billion in 2024–25 to $7.4 billion in 2028–29. Investments in the sector support enhanced border security, the expansion and construction of new correctional institutions, and public safety,
Article | March 25, 2026
The New Lien Right for the Supply of Design: Impact on Design Professionals and Owners
On January 1, 2026, several anticipated amendments to the Construction Act of Ontario (“CA”) came into effect including in respect of adjudication, proper invoices, and a new mandatory annual holdback release. A lesser talked about amendment has, for the first time since 2018,[1] expanded lien rights under the CA by creating a rebuttable presumption that those who supply pre-construction design services (“Design Professionals”) to a project before construction begins, can make a lien claim if an owner retains a holdback for their services.
Article | March 25, 2026
Construction Restrictions in Advance of FIFA World Cup 2026: Contractual Considerations for Delay and Risk Allocation
Toronto’s preparation for the 2026 FIFA World Cup has introduced traffic and mobility measures that include restricting or pausing construction activities along key corridors during the event period, potentially impacting contractual performance and project schedules. Public reporting indicates that construction affecting major routes may be limited between May and July 2026, with some projects being sequenced or temporarily paused to accommodate traffic management and event logistics, creating foreseeable, non-project-specific constraints. In certain cases, active works may be stopped and resumed following the tournament, with associated demobilization and remobilization costs and schedule impacts falling to be addressed under the applicable contract mechanisms.
Article | March 25, 2026
Practical Lessons for Construction Lawyers from Sayers Foods Ltd. v. Gay Company Ltd., 2026 ONSC 918
Ontario’s adjudication regime under the Construction Act was designed to provide rapid, interim resolution of payment disputes in the construction industry. Since the onset of statutory adjudication in 2019, the Divisional Court has been called upon with increasing frequency to delineate the boundaries of judicial oversight of adjudicators’ determinations. Sayers Foods Ltd. v. Gay Company Ltd., 2026 ONSC 918, is not only the latest notable Divisional Court pronouncement on statutory adjudication, but it also addresses matters of general importance beyond the Construction Act: allegations of fraud, delay claims, adjudicator bias and the treatment of evidence on judicial review.
