Articles 2020

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Today
All Smiles? Continuation of non-lien claims after lien claim expiry

All Smiles? Continuation of non-lien claims after lien claim expiry

  • November 16, 2015
  • Alexander Wilkes

The Courts want to protect the rights of parties who bundle lien and non-lien claims into one action. Though discretion exists to dismiss an action in its entirety, such discretion ought to be exercised with a view to case law developed under rule 24.01 of the Rules of Civil Procedure.

Construction and Infrastructure Law
A Case Comment on <em>Bhasin v. Hrynew</em> and The New Organizing Principle of Good Faith and Duty of Honesty in Contractual Performance

A Case Comment on Bhasin v. Hrynew and The New Organizing Principle of Good Faith and Duty of Honesty in Contractual Performance

  • September 18, 2015
  • Damon Stoddard

The new organizing principle of good faith and the specific duty of honesty in the performance of contractual obligations are arguably not modest, incremental changes to the common law. These new duties could introduce an element of unintended uncertainty into construction contract performance where breaches of these new duties are alleged, potentially leading to less predictable results at trial and at arbitration.

Construction and Infrastructure Law

Case Comment: Westerhof v. Gee Estate, 2015 ONCA 206

  • April 20, 2015
  • Keith Bannon

The Ontario Court of Appeal recently brought further clarity to the introduction of expert evidence at trial, specifically with respect to the application of Rule 53.03 of the Rules of Civil Procedure. In its decision in Westerhof v. Gee Estate, the court found that Rule 53.03 does not apply to all witnesses with expertise who are called upon to give opinion evidence at trial.

Construction and Infrastructure Law

Case Comment: Acciona Infrastructure Canada Inc. v. Allianz Global Risks US Insurance Company, 2014 BCSC 1568

  • February 24, 2015
  • Jeffrey A. Armel and Maxim Kaploun

The August 19, 2014 decision of Acciona turns on the issue of coverage under a Course of Construction (COC or Builders Risk) Policy. The decision could be fundamental to the areas of construction and insurance law, and in particular the way in which the courts interpret the LEG2/96 clause - a design/workmanship - exclusion.

Construction and Infrastructure Law

The Duty of Good Faith in Construction Contracts

  • February 13, 2015
  • Howard Wise

In Bhasin v. Hrynew, the Supreme Court of Canada has established that an overarching duty of good faith is owed between contracting parties.

Construction and Infrastructure Law

Design Responsibility: A Brief American and Canadian Comparison

  • December 15, 2014
  • Keith Bannon

Finding similarities between the laws of Canada and the United States is often found helpful by Americans doing business in Canada, but can also assist when one’s research hits a dead end and a larger pool of precedents is needed.

Construction and Infrastructure Law