Volume 26, No. 2 - February 2012
In this issue:
- UPCOMING EVENTS: Mark These Dates in Your Calendar
- Summary Judgment Revisited: The Court of Appeal’s decision in the Combined Air Mechanical Services v. Flesch, et al case and their Application in the Construction Lien Context
- Plus Ca Change--- Timeliness of Lien Settled by Use of New Summary Judgment Rule
- Occupational Health & Safety: WSIAT Expands the Scope of Entitlement for Traumatic Mental Stress
- Wall Comes Crumbling Down on Home Buyer’s Case: Case Comment on Forbes v. Lund
- Belmont Concrete Finishing Co. v Marshall 2011 ONSC 1560: Is the Evidentiary Threshold in Breach of Trust Claims Attaining New Heights?
- Review of Recent Events
- Points of Practice
Volume 26, No. 1 - November 2011
In this issue:
- Mary Carter and Pierringer Used to be Soooooo Undergound
- Decisions, Decisions – Faced with Non-Payment, Contractors Must Pursue the Right Claim and Remedy
- "This isn’t the Job We Bid." Causes of Action Available (and that Should be Available) to the Contractor
- Doing Work When No Contract is in Place: Navigating the Risks in Construction Contracts
- Summary Judgment and the Right to Set-off Under the Construction Lien Act
- PHOTOS: Construction Law Section Tour and Annual General Meeting - June 8, 2011
- PHOTOS: Construction Law Section Annual Golf Day – June 20, 2011
- September 21, 2011 Dinner Program: Overview of the New CCDC 5A and 5B Construction Management Contracts
- Points of Practice
Volume 25, No. 4 - May/Mai 2011
In this issue:
- In Memoriam: John Stephen (Steve) Tatrallyay (1957-2011)
- Upcoming Events: Mark These Dates in Your Calendar
- Cases, Summaries, and Articles of Interest
- Review of Recent Events
- Points of Practice
- Amendments to the Construction Lien Act?
- Message From the Chair
Volume 25, No. 3 - April/Avril 2011
In this issue:
- Green Building Litigation: Toronto Condo Action Shows we are in on the Action
- Failure to Disclose Mary Carter-type Agreements Can Have Devastating Consequences – The Ontario Court of Appeal takes a Firm Position
- Discovery Plans in Construction Lien Litigation
- The Future of Workplace Safety In Ontario: Dean Panel Recommendations Revealed
- Landlord who provided a “leasehold improvement allowance” not liable for unpaid contractor’s lien
- Points of Practice
- Further Amendments to the Construction Lien Act?
Volume 25, No. 2 - January/Janvier 2011
In this issue:
- New Amendments to the Construction Lien Act
- Construction Lien Act - The Legacy of Kennedy Electric
- Peer Imbalance Between Sub and Contractor Determines Apportionment of Liability in Negligence Case
- Security for Cost in Construction Lien Actions
- Cotractor Wins Insurance Coverage for Construction Defect Claim
- Points of Practice
Volume 25, No. 1 - October/Octobre 2010
In this issue:
- Summary of Recent Section Events
- Upcoming Events
- Cases, Summaries and Articles of Interest
- Looking Beyond the Construction Lien Act - Tips for Dealing with MTO Projects
- Ambiguous Contracts Lead to Unpredictable Results - Quantum Meruit: A Case Study
- The Outer Limits of the Trust Claim
- Motions for Security for Costs Under the Construction Lien Act
- Points of Practice
Volume 24, No. 4 - May/Mai 2010
In this issue:
- Upcoming Events: Mark These Dates In Your Calendar:
- Golf Day – June 4, 2010
- Year-End Tour and Annual General Meeting – June 9, 2010
- Cases, Summaries and Articles of Interest:
- The Interpretation of Exclusion Clauses in the Government Procurement Context: The Latest Word
- Court of Appeal Opens the Door on Breach of Trust Remedies
- Hen’s Teeth Discovered – Court Reconsiders Denial of Security for Costs Motion in a Lien Action
- CRA “Super priority” – PCL Constructors Westcoast Inc. v. Norex Civil Contractors Inc.
- Points of Practice
- When is it Better To Give Than Receive? When You are Dealing with Crown Agencies
Volume 24, No. 3 - February/ Février 2010
In this Issue:
- Upcoming Events: Mark These Dates In Your Calendar:
- Using the Construction Lien Act to Your Client’s Advantage
- Ski Day
- Dinner Program
- Cases, Summaries and Articles of Interest:
- Tercon Contractors Ltd. v. British Columbia (Ministry of Transportation and Highways)
- New Rules Reflect Guiding Principles of the Construction Lien Act
- Homeowners Liable to Contractor in Construction Lien Proceedings but not Indemnified by their Property Insurer for Additional Costs Under the Guaranteed Replacement Cost Endorsement of their Policy
- Ontario’s New OHSA Provisions Requiring Violence and Harassment Prevention Programs
- Points of Practice
- 7 Habits of Highly Effective Pre-Trial Judges
- Construction Liens and Small Claims Court
- Digging a Deeper Hole – Construction Projects in Financial Trouble
Volume 24, No. 2 - December/Décembre 2009
In this Issue:
- Upcoming Events: Mark These Dates In Your Calendar
- Cases, Summaries and Articles of Interest:
- When is a General Lien Just an Excessive Lien?
- Form Over Substance: Cost Recovery for Environmental Damages under the Building Code
- Be Aware: The Effect of Being Noted in Default Under the Construction Lien Act is Different than Under the Rules
- Court Rejects Subcontractor’s Motion to Refer its Lien Claim to Arbitration Pursuant to the Arbitration Clause in its Subcontract
- Points of Practice
- 2009-2010 Section Executive
Volume 24, No. 1 - October/Octobre 2009
In this Issue:
- A. Upcoming Events: Mark These Dates In Your Calendar
- B. Cases, Summaries and Articles of Interest:
- Ontario Court of Appeal Dismisses Contractor’s Claim for Failure to File a Notice of Arbitration
- Court Upholds Use of Solicitor-Client Privileged Internal OH&S Accident Investigation Reports by Employers, Not Enforcers
- Late Bid Not Compliant With Electronic Tender Call: Coco Paving (1990) Inc. v. Ontario (Minister of Transportation) [2009] O.J. No. 2547 (C.A.)
- Though ‘Tis the Season to be Jolly, Reckless Partying Remains Pure Folly
Volume 23, No. 4 - May/Mai 2009
In this Issue:
- British Columbia Court of Appeal Dismisses Contractor's Application for an Order Declaring that a Liability Insurer Had a Duty to Defend It in Four Separate Actions Brought Against It in the Supreme Court of British Columbia
- Enforceability of Contractual No Holdback Provisions
- Donald Short's Appointment as Case Management Master
- Upcoming Events
- Section Executive 2008-2009
Volume 23, No. 3 - February/Février 2009
In this Issue:
- Waiver of Tort in Construction Cases
- Court of Appeal Summarizes Law regarding Obtaining an Arbitration under the CCD2 Arbitration Clause
- Case Summary: Canadian National Railway Co. v. Royal and Sun Alliance Insurance Co. of Canada, 2008 SCC 66
- Take Care in Calculating a Contractor's Damages for the Owner's Breach
- Upcoming Program
- Section Executive 2008-2009
Volume 23, No. 2 - November/Novembre 2008
In this Issue:Volume 23, No. 1 - September/Septembre 2008
- Sunview Doors Ltd. v. Academy Doors and Windows Ltd.: Case Comment
- The Utility of Med-Arb in Resolving Residential House Cases
- New Client Identification and Verification Requirements - Amendments to By-Law 7.1
- Upcoming Programs
- Section Executive 2008-2009
In this Issue:
- The Cascade Effect and a Post-Tender Duty of Fairness
- Indoor Mould Litigation in Canada
- Copyright in Architectural Works
- Through the Minefield: Avoiding Limitations Disasters in Construction Law
- Upcoming Programs
- Section Executive 2008-2009
Volume 22, No. 5 - May/Mai 2008
In this Issue:
- Corporate Criminal Liability
- Tendering
- Always Check the Status of a Corporate Litigant
- Upcoming Events
- Section Executive 2007-2008
Volume 22, No. 4 - April/Avril 2008
In this Issue:
- Upcoming Events
- Tercon Contractors Ltd. v. B.C. (Min. of Transportation) (2008) 66 C.L.R. (3d) 1
- No Duty to Defend under Commercial General Liability Policy where Damages Claimed do not Fall within the Definition of "Property Damage"
- As Disputes Arise Consider Construction Arbitration as an Effective Dispute Resolution Tool
- We Can't Afford to Bury 'One Call' Legislation
- "Can You Handle the Truth": Embracing Requests to Admit
- Section Executive 2007-2008
Volume 22, No. 3 - February/Février 2008
In this Issue:
- Upcoming Events
- Cases, Summaries and Articles of Interest:
- "Devine" Intervention in Conflict Issue
- Kennedy Electric Decision — Comment
- Double N: One Year Later — How Has Tendering Law Changed?
- Blockwall Masonry Ltd. v. Acraio Design — Comment
- There but for the Grace of God Go I...
- Section Executive 2007-2008
Volume 22, No. 2 - November/Novembre 2007
In this Issue:
- A. UPCOMING EVENTS
- B. CASES, SUMMARIES ANDARTICLES OF INTEREST:
- "A Mighty Oak?"
- Predicting Liability: The Court of Appeal Decision in Kennedy Electric
- Do's and Don'ts from the Perspective of the Expert Witness
- Hot Topics in Construction Law: Program Report
- Newsletters Now Electronic: Message from the Chair of Sections
- National Pro Bono Mentorship Program / Le programme national de mentorat pro bono
- Section Executive 2007-2008
Volume 22, No. 1 - September/Septembre 2007
In this Issue:
- Upcoming Events
- Cases and Articles of Interest:
- Owners Have No Duties to Claimants under Payment Bonds
- Everything that's Old May be New Again: What Will the New E-Discovery Rules Do to Construction Law?
- Design Services Ltd. v. Canada: Another Tendering Case is Going to the Supreme Court
- Section Executive 2007-2008
Volume 21, No. 4 - May/Mai 2007
In this Issue:
- Upcoming Events
- Cases and Articles of Interest:
- March 29, 2007 Program Report: Construction Labour Law - Building a Firm Foundation
- April 19, 2007 Dinner Program Report: Alternative Financing and Procurement: Ontario's New Project Model Explained and Explored
- Stratton Electric Ltd. v. Guarantee Co. of North America
- Writing Off Written Notice of a Lien
- Section Executive 2006-2007
Volume 21, No. 3 - March/Mars 2007
In this Issue:
- Upcoming Events
- Cases and Articles of Interest:
- Supreme Court Rules Owner Not Obliged to Look Behind Tender
- Ski Day - January 25, 2007
- Proposed E-Reg Amendments to the Construction Lien Act
- Food for Thought from Our Nation's Capital: Should the Certificate of Substantial Performance Form be Amended?
- Mark this Date in Your Calendar: January 1, 2019!
- Section Executive 2006-2007
Volume 21, No. 2 - January/Janvier 2007
In this Issue:
- Upcoming Events
- Cases and Articles of Interest:
- Masterly Advice - The Construction Law Section's November 23, 2006 Dinner Program
- Liening the Landlord's Interest: Divisional Court Reconciles Conflicting Lines of Authority
- Yes Virginia, there Really is an Ultimate Limitation Period: Revisited
- Review of Kirsh's Index to Canadian Construction Law Literature
- Have CGL Policies Been Turned into Performance Banks?
- Section Executive 2006-2007
Volume 21, No. 1 - November/Novembre 2006
In this Issue:
- Upcoming Events
- Cases and Articles of Interest:
- Federal Government Announces Removal of Reverse Auction Tendering from Federal Procurement Strategy
- Punitive Damages: Recent Appellate Court Decisions
- Access to Justice Act (Bill 14, 2006)
- Section Executive 2006-2007
Volume 20, No. 4 - May/Mai 2006
In this Issue:
- Upcoming Events
- Cases and Articles of Interest:
- Tercon Contractors Ltd. v. British Columbia (Ministry of Transportation and Highways), 2006 BCSC 499 (CanLII).
- E-Reg: Should a Paper Claim for Lien be Scanned in Addition to Preparing the Electronic Claim for Lien?
- Supreme Court of Canada Denies Leave to Appeal in the TTC v. Gottardo Tendering Decision
- Section Executive 2005-2006
Volume 20, No. 3 - April/Avril 2006
In this Issue:
- Upcoming Events
- Cases and Articles of Interest:
- Withdrawing Documents Submitted for Registration: Raise the Alarm
- Extra Claims and the Disclosure of Documents: Court Requires Claimant to Produce its Job Estimates
- Yes Virginia, there is an Ultimate Limitation Period
- Survey: Construction Law Section Winter Event
- Section Executive 2005-2006
Volume 20, No. 2 - January/Janvier 2006
In this Issue:
- Upcoming Events
- Cases and Articles of Interest:
- Sometimes an Affidavit is Just an Affidavit
- The Hercules Case Revisited
- Master Saunder's Retirement
- Secution Executive 2005-2006
In this Issue:
- Upcoming Events
- Cases and Articles of Interest:
- Report on the June 8, 2005 Construction Law Section Site Tour at Pearson International Airport, and Annual Meeting
- Do Liquidated Damages Represent the Maximum Recoverable Amount?
- Two Court of Appeal Decisions Clarify Law of Tendering in Ontario
- What the Court of Appeal Did During the Summer Holidays: Recent Decisions of Note
Volume 19, No. 4 - May/Mai 2005
In this Issue:
- Upcoming Events
- Cases and Articles of Interest:
- Report on the May 5, 2005 Dinner Program; Dispute Resolution in the Construction Industry; A Guide to Alternative Dispute Resolution Methods
- Asbestos Abatement Contractor Encounters an Unexpected Condition
- Ontario Court of Appeal Rules on Residency Definition of the Fairness Is a Two-Way Street Act
- Mark This Date in Your Calendar Too: September 29 - 30, 2005: The American Bar Association Forum on the Construction Industry is Coming to Toronto
Volume 19, No. 3 - April/Avril 2005
In this Issue:
- Upcoming Events
- Announcements
- Cases and Articles of Interest:
- The Sounds of Silence
- Bill 144 (Amendments to the Labour Relations Act
- Some Noteworthy Recent Practice Decisions in Brief
- A Request from Harvey Kirsh
In this Issue:
- Upcoming Events: Mark these Dates in Your Calendar
- Cases and Articles of Interest:
- Construction Contracting under the Ontario OHSA: How Owners Can Navigate the Waters
- A Hitch in the Qualification of Engineers as Expert Witnesses: A Letter, Case Comment, and Dialogue
Volume 19, No. 1 - September/Septembre 2004
In this Issue:
- Upcoming Events: Mark these Dates in Your Calendar
- Cases and Articles of Interest
Volume 18, No. 4 - May/Mai 2004
In this Issue:
- Upcoming Events: Mark These Dates In Your Calendar
- Cases and Articles of Interest
Volume 18, No. 3 - March/Mars 2004
In this Issue:
- Upcoming Events
- Cases and Articles of Interest
- Court Dismisses TTC's Action for Breach of Tender Contract
- Installation of Window Blinds Does Not Qualify as an Improvement Under the Construction Act
- Whitby Landmark: Performance Bond Covers More Than "Bricks and Mortar", but Owner's Delay Negates Claim
- More Tendering Cases: Other Provinces Support the Approach Taken in TTC v. Gottardo
- E-Registration Update: Electronic Registration Rollout Schedule
- Update: Yet More Tendering Cases
Volume 18, No. 2 - January/Janvier 2004
In this Issue:
- Upcoming Events
- The Limitations Act, 2002: Challenges for the Judiciary
- Suing the Successful Bidder
- Mould in Buildings: A Growing Problem?
- Form of Letter of Credit to be Used When Posting Security
Volume 18, No. 1 - October/Octobre 2003
In this Issue:
- Cases and Articles of Interest
- The Commercial General Liability Policy and the "Your Product" Exclusion
- Wrong Initials Render Bid Non-Compliant
- Petroff and Liening in the Electronic World: Implications for the Affidavit of Verification and Liening the leasehold Interest
- Upcoming Events
The New Limitations Act, 2002: Its Impact on Construction Claims - November 25, 2003
An Evening with the Construction Lien Masters - April 20, 2004Volume 17, No. 4 - May/Mai 2003
In this Issue:
- Cases and Articles of Interest
- Pre-qualified Bidders Challenge Owner's Privilege Clause
- Court Finds that Evidence Introduced After Tendering Deadline Does Not Render Bid Compliant
- E-Registration Forum
- Other Developments
- Construction Insurance: How You Can Add Value to Your Client's Insurance Position
- Year-End Program
June 18, 2003
Gooderham & Worts Distillery
Tour and DinnerVolume 17, No. 3 - March/Mars 2003
In this Issue:
- Cases of Interest
- Williams & Prior Ltd. v. Taskan Construction Ltd.
- Privity of Contract and Section B of the Construction Lien Act
- The New Document Six
- Construction Law in History
- Upcoming Event
Volume 17, No. 2 - January/Janvier 2003
In this Issue:
- Cases and Articles of Interest
Volume 17, No. 1 - September 2002
In this Issue:
- Developments of Interest
- Cases and Articles of Interest
- Upcoming Event
In this Issue:
- Developments of Interest
- Cases of Interest
- Upcoming Event
In this Issue:
- Developments of Interest
- Upcoming Events
Volume 16, No. 1 - January 2002
In this Issue:
- Upcoming Events
- Cases of Interest
- Other Developments
In this Issue:
- Upcoming Event
- Cases of Interest
- Executive Summary


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