About Articles The below articles are published by the Construction and Infrastructure Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editor: Dan Fridmar

photo of author Darina Mishiyev

Referral of Lien Actions to Small Claims Court

  • January 10, 2023
  • Darina Mishiyev, Senior Law Clerk, Margie Strub Construction Law LLP

Referral of lien actions to the Small Claims Court is a new process that is now available to the parties if the lien action is for an amount that is within the monetary jurisdiction of the Small Claims Court. The author created this very useful step-by-step guide that describes the transition of a lien action from the Superior Court of Justice to the Small Claims Court once the matter is referred to the Small Claims Court Deputy Judge.

Construction and Infrastructure Law, Student Forum
photo of author Chad Kopach

New Guidance on Jurisdiction Arguments for Adjudications

  • January 10, 2023
  • Chad Kopach, Partner at Blaney McMurtry LLP

In this article, the author discusses the Divisional Court’s confirmation that adjudicators can determine their own jurisdiction, and the Court’s discussion on whether abandoning or terminating a contract means the contract has “ceased to exist."

Construction and Infrastructure Law, Student Forum
photo of author Gabriela Nagy

Municipal Liability May Lurk in Historical Building Permits

  • January 10, 2023
  • Gabriela Nagy, Senior Litigation Counsel - The Regional Municipality of York

The author reviews how the Court of Appeal's recent decision in Breen v. Lake of Bays (Township) creates a cautionary warning to municipalities that issue building permits without conducting final inspections on buildings and the effects that this decision will have on future matters.

photo of co-author Paul Conrod

Adjudicating Adjudications: A Review of Case Law on Construction Act Adjudications from 2022, Lessons Learned, and Unanswered Questions

  • January 10, 2023
  • Paul Conrod, Faren Bogach, and James De Melo of Construct Legal

This article discusses three recent Ontario court cases in the developing area of Construction Act adjudications, as well as some unanswered questions and lessons learned from the cases and the authors’ own experiences with adjudications so far.

Construction and Infrastructure Law, Student Forum
a group of golfers gathers around golf carts at course to begin day of golfing

Golf Day and CPD on Liquidated Damages: A New Era of Reasonableness

  • November 14, 2022
  • Brad Halfin and Edward Lynde

An exciting update on the Ontario Bar Association (OBA) Construction & Infrastructure Law Section Golf Day held on September 30, 2022 as well as the continuing professional development session that followed.

Construction and Infrastructure Law, Student Forum
Head-shot photo of co-author Joe Figliomeni, JD

Standard of Care in Conducting General Reviews of Construction

  • November 14, 2022
  • Yasser Korany, PhD, PEng, PE, LEED AP, PMP and Joe Figliomeni, JD

General reviews are a critical component of many construction projects. Professionals engaged to carry out a general review must observe sufficient aspects of the construction to enable verification that the work has been completed with approved plans. Failure to do so, may have negative consequences for the reviewing professional.

Construction and Infrastructure Law, Student Forum
Photo of author Sahil Shoor

Availability of Bond Rescission Shakes the Construction Industry

  • November 10, 2022
  • Sahil Shoor, Jeramie Gallichan, and Fabiola Alvarez

The Gowling WLG Waterloo construction team reviews the latest Ontario Court of Appeal decision of Urban Mechanical Contracting Ltd v Zurich, which creates significant implications for the bonding sector of the construction industry.

Construction and Infrastructure Law, Student Forum
Head-shot photo of author Dan Fridmar

Construction Litigation Tips: Settlement Checklist

  • May 16, 2022
  • Dan Fridmar, Fridmar Professional Corporation

Settlements are always preferred to litigation, but it's important to note the following procedural steps when finalizing a settlement in construction lien litigation.

Construction and Infrastructure Law, Student Forum