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Construction Law Newsletter



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:

  • 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
Volume 23, No. 1 - September/Septembre 2008

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:
    1. "Devine" Intervention in Conflict Issue
    2. Kennedy Electric Decision — Comment
    3. Double N: One Year Later — How Has Tendering Law Changed?
    4. Blockwall Masonry Ltd. v. Acraio Design — Comment
    5. 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:
    1. "A Mighty Oak?"
    2. Predicting Liability: The Court of Appeal Decision in Kennedy Electric
    3. Do's and Don'ts from the Perspective of the Expert Witness
    4. 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:
    1. Owners Have No Duties to Claimants under Payment Bonds
    2. Everything that's Old May be New Again: What Will the New E-Discovery Rules Do to Construction Law?
    3. 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:
    1. March 29, 2007 Program Report: Construction Labour Law - Building a Firm Foundation
    2. April 19, 2007 Dinner Program Report: Alternative Financing and Procurement: Ontario's New Project Model Explained and Explored
    3. Stratton Electric Ltd. v. Guarantee Co. of North America
    4. 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:
    1. Supreme Court Rules Owner Not Obliged to Look Behind Tender
    2. Ski Day - January 25, 2007
    3. Proposed E-Reg Amendments to the Construction Lien Act
    4. Food for Thought from Our Nation's Capital: Should the Certificate of Substantial Performance Form be Amended?
    5. 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:
    1. Masterly Advice - The Construction Law Section's November 23, 2006 Dinner Program
    2. Liening the Landlord's Interest: Divisional Court Reconciles Conflicting Lines of Authority
    3. Yes Virginia, there Really is an Ultimate Limitation Period: Revisited
    4. Review of Kirsh's Index to Canadian Construction Law Literature
    5. 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:
    1. Federal Government Announces Removal of Reverse Auction Tendering from Federal Procurement Strategy
    2. Punitive Damages: Recent Appellate Court Decisions
    3. 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:
    1. Tercon Contractors Ltd. v. British Columbia (Ministry of Transportation and Highways), 2006 BCSC 499 (CanLII).
    2. E-Reg: Should a Paper Claim for Lien be Scanned in Addition to Preparing the Electronic Claim for Lien?
    3. 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:
    1. Withdrawing Documents Submitted for Registration: Raise the Alarm
    2. Extra Claims and the Disclosure of Documents: Court Requires Claimant to Produce its Job Estimates
    3. 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:
    1. Sometimes an Affidavit is Just an Affidavit
    2. The Hercules Case Revisited
    3. Master Saunder's Retirement
  • Secution Executive 2005-2006

Volume 20, No. 1 - September/Septembre 2005 

In this Issue:

  • Upcoming Events
  • Cases and Articles of Interest:
    1. Report on the June 8, 2005 Construction Law Section Site Tour at Pearson International Airport, and Annual Meeting
    2. Do Liquidated Damages Represent the Maximum Recoverable Amount?
    3. Two Court of Appeal Decisions Clarify Law of Tendering in Ontario
    4. 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:
    1. Report on the May 5, 2005 Dinner Program; Dispute Resolution in the Construction Industry; A Guide to Alternative Dispute Resolution Methods
    2. Asbestos Abatement Contractor Encounters an Unexpected Condition
    3. Ontario Court of Appeal Rules on Residency Definition of the Fairness Is a Two-Way Street Act
    4. 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:
    1. The Sounds of Silence
    2. Bill 144 (Amendments to the Labour Relations Act
    3. Some Noteworthy Recent Practice Decisions in Brief
    4. A Request from Harvey Kirsh

Volume 19, No. 2 - February/Février 2005

In this Issue:

  • Upcoming Events: Mark these Dates in Your Calendar
  • Cases and Articles of Interest:
    1. Construction Contracting under the Ontario OHSA: How Owners Can Navigate the Waters
    2. 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
    1. Court Dismisses TTC's Action for Breach of Tender Contract
    2. Installation of Window Blinds Does Not Qualify as an Improvement Under the Construction Act
    3. Whitby Landmark: Performance Bond Covers More Than "Bricks and Mortar", but Owner's Delay Negates Claim
    4. More Tendering Cases: Other Provinces Support the Approach Taken in TTC v. Gottardo
    5. E-Registration Update: Electronic Registration Rollout Schedule
    6. Update: Yet More Tendering Cases

Volume 18, No. 2 - January/Janvier 2004 

In this Issue:

  • Upcoming Events
    1. The Limitations Act, 2002: Challenges for the Judiciary
    2. Suing the Successful Bidder
    3. Mould in Buildings: A Growing Problem?
    4. 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
    1. The Commercial General Liability Policy and the "Your Product" Exclusion
    2. Wrong Initials Render Bid Non-Compliant
    3. 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, 2004

Volume 17, No. 4 - May/Mai 2003

In this Issue:

  • Cases and Articles of Interest
    1. Pre-qualified Bidders Challenge Owner's Privilege Clause
    2. Court Finds that Evidence Introduced After Tendering Deadline Does Not Render Bid Compliant
  • E-Registration Forum
  • Other Developments
    1. Construction Insurance: How You Can Add Value to Your Client's Insurance Position
  • Year-End Program
    June 18, 2003
    Gooderham & Worts Distillery
    Tour and Dinner

Volume 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

Volume 16, No. 3 - May 2002

In this Issue:

  • Developments of Interest
  • Cases of Interest
  • Upcoming Event

Volume 16, No. 2 - March 2002

In this Issue:

  • Developments of Interest
  • Upcoming Events

Volume 16, No. 1 - January 2002

In this Issue:

  • Upcoming Events
  • Cases of Interest
  • Other Developments

Volume 15, No. 4 - May 2001

In this Issue:

  • Upcoming Event
  • Cases of Interest
  • Executive Summary