Nuts & Bolts
Construction Law Section Newsletter

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