Resources, Articles, & Advocacy
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.
Legislative Update | March 20, 2026
Your OBA LegUp Policy and Legislative Update Week of March 16
Pepper Spray: Ontario is calling on the Federal government to amend the Criminal Code to allow the use of pepper spray for self-defence. Currently, pepper spray designed for use on people is classified as a prohibited weapon.
Legislative Update | March 13, 2026
Your OBA LegUp Policy and Legislative Update Week of March 9
Jets at Billy Bishop: Premier Ford has suggested that the province may expropriate Toronto’s share of the airport lands if officials block the expansion plans. The federal government did not specifically endorse the plan, but suggested it was open to examining future expansion.
Advocacy | February 27, 2026
Your OBA LegUp Policy and Legislative Update Week of February 23
OBR Ontario Business Account: On February 23, 2026, the Ministry of Public and Business Service Delivery and Procurement launched the Ontario Business Account. If you are an intermediary using the Ontario Business Account, the ministry recommends transferring your account to the OBR Partner Portal, which is designed to help intermediaries manage client accounts efficiently.
