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: Patricia Skringer


Mind The Gaps: Top 5 Things Lenders Should Know About the New Construction Act

  • September 14, 2018
  • Edward (Ted) G. Betts

Broad, numerous and significant amendments to the Construction Lien Act (now called the Construction Act) came into force in Ontario on July 1, with more coming on October 1, 2019. These changes will bring about a real culture shift in the construction industry. Are lenders ready for it?

Construction and Infrastructure Law, Student Forum

Construction Legislation Reform in Canada – Prompt Payment

  • May 10, 2018
  • Andrew J. O’Brien and Ted Betts

In the last few years the momentum for change has grabbed hold of the construction industry in Canada, and pulled tight on the reins. Several provinces, as well as the federal government, have been grappling with the issue of prompt payment on construction projects, and trying to determine how best to incorporate the rights and concerns of the most vulnerable parties who are lower down the pyramid: the construction trades.

Construction and Infrastructure Law, Student Forum

OBA CPD Panel Addresses Bill 142

  • December 19, 2017
  • Jay Nathwani

On October 3, 2017, members of the OBA Construction Law Section and other interested attendees were privileged to have the opportunity to be guided through the upcoming amendments to the Construction Lien Act by a distinguished panel at the OBA’s CPD event, “The Authoritative View of the Construction Lien Amendment Act, Bill 142.”

Construction and Infrastructure Law

Security for Costs and Holdback Entitlement

  • May 30, 2017
  • Katherine Thornton

In Yuanda Canada Enterprises Ltd. v. Pier 27 Toronto Inc., Master Wiebe broke new ground and denied Defendants security for costs in part because of the Plaintiff’s holdback entitlement which exceeded the Defendant’s costs for the action.

Construction and Infrastructure Law

Ontario Government to Restructure Tarion

  • April 21, 2017
  • James Clinton and Richard Wong

On March 28, 2017, Minister of Government and Consumer Services Tracy MacCharles announced that the Ontario government intends to proceed with many of the 37 recommendations contained in the 2016 independent review conducted by the Honourable J. Douglas Cunningham, QC.

Construction and Infrastructure Law

Dismissal for Delay: Southwestern Sales Corp. v. Spurr Bros. Ltd.

  • March 27, 2017
  • David I. Bristow, Q.C.

In July of 2016, the Ontario Court of Appeal, in Southwestern Sales Corp. v. Spurr Bros. Ltd., 2016 ONCA 590, delivered judgment in a case of dismissal of six construction lien actions and one trust action for delay.

Construction and Infrastructure Law