Articles 2020

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Force Majeure Provisions in the Context of Outbreaks and Protests

  • March 26, 2020
  • Jackie van Leeuwen, student-at-law at Glaholt Bowles LLP

Force majeure provisions are often overlooked, but when drafted and invoked properly, they can be useful risk allocation tools. In the construction context, they can be used to allocate risk in case of a shortage of raw materials, extreme weather or a labour strike, among other events. Force majeure clauses excuse a party’s performance under a contract in full or in part, to the extent that the failure to perform is due to certain circumstances outside of the party’s control.

Construction and Infrastructure Law, Student Forum

Second Round Knockout: Security for Costs and the New Construction Act

  • February 25, 2020
  • Ivan Merrow, Glaholt Bowles LLP

Ontario’s reformed Construction Act has been fully in force since October 1, 2019. The changes to the Act and its regulations are still settling across the province, at times in surprising ways. In the Ontario Superior Court’s recent decision, The Gatti Group Corp v. Zuccarini, 2019 ONSC 7050 (“Zuccarini”), the Act amplified the defendants’ successful second security for costs motion, resulting in an order that the plaintiff post $95,000 into court in 30 days.

Construction and Infrastructure Law, Student Forum

Liening Municipal Lands in Ontario

  • January 30, 2020
  • Darina Mishiyev, Law Clerk at Glaholt Bowles LLP

Prior to October 1, 2019, the only lands to which a lien could not attach were federally and provincially owned lands. Municipal lands, other than public streets or highways owned by a municipality, were subject to lien registrations just like any other privately-owned land. Effective October 1, 2019, liens no longer attach to any municipal lands, which means that registering a lien against municipally owned land is not an option.

Construction and Infrastructure Law, Student Forum

Confusion Surrounding the Transition Provisions of Ontario’s Construction Act: Should They Apply on a “Single Improvement” Basis?

  • December 09, 2019
  • Robert Kennaley and Josh Winter, Kennaley Construction Law

This article is a continuation of our previous article on gaps, confusion and inconsistencies in Ontario’s Construction Act. Here, we focus on the transition provisions which apply to the Act’s changes effective July 1, 2018 and October 1, 2019.

Construction and Infrastructure Law, Student Forum

Getting Adjudication Right: Early Issues and Opportunities for Improvement

  • December 09, 2019
  • Jay Nathwani, senior legal counsel, Crosslinx Transit Solutions Constructors, and John Margie, partner, Glaholt LLP,

Statutory adjudication of construction disputes in Ontario is in its early stages. Because of the section 87.3(4) transition provisions of the Construction Act (the “Act”), adjudication does not apply to most current contracts and subcontracts; but as new projects are bid, adjudication will gradually become the norm in the province.

Construction and Infrastructure Law, Student Forum

CM Callow Inc. v Zollinger: The Relevance of Good Faith in Terminating Construction Contracts

  • November 27, 2019
  • Bruce Reynolds and Nicholas Reynolds, Singleton Urquhart Reynolds Vogel LLP

The Ontario Court of Appeal in CM Callow Inc. v Zollinger, 2018 ONCA 896 (“Callow”) recently rendered a decision that could have important consequences for parties seeking to terminate commercial agreements. Specifically, Callow may have significant ramifications for the law of good faith in Ontario, and in particular with respect to the duty of honest performance first recognized in Bhasin v Hrynew, 2014 SCC 71.

Construction and Infrastructure Law, Student Forum

Construction Litigants Beware: Unresolved Gaps, Confusion and Inconsistencies in the Construction Act, R.S.O. 1990, c.C30.

  • November 05, 2019
  • Robert Kennaley and Josh Winter, Kennaley Construction Law

The new Act’s provisions contain gaps and inconsistencies which will in our view lead to confusion and potential problems going forward. We have identified some of them, below. Many will no doubt be addressed in due course, although many most likely will not.

Construction and Infrastructure Law, Student Forum

Changes to Municipal Construction Liens under the October 1, 2019 Construction Act

  • October 19, 2019
  • Samantha Ambrozy, solicitor at Toronto Transit Commission

Significant changes to the Construction Act came into force in Ontario on October 1, 2019.  While prompt payment and adjudication have been receiving most of the attention, a significant change to how construction liens are preserved in respect of municipal premises should not be overlooked.

Construction and Infrastructure Law, Municipal Law, Student Forum
Case Comment: Rockhill Construction Ltd. v. Ottens

Case Comment: Rockhill Construction Ltd. v. Ottens

  • October 19, 2019
  • Catherine DiMarco, Heal & Co. LLP

In the case of Rockhill Construction Ltd. v. Ottens, the Court considered the application of the two-year deadline to set a lien action down for trial under section 37, in the circumstances of an amended statement of claim.

Construction and Infrastructure Law, Student Forum

Smart Contracts and Blockchain Technology: Transformation of the construction industry

  • October 17, 2019
  • Andrea Lee and Lena Wang, Glaholt LLP

While blockchain originated to serve as the public transaction ledger of cryptocurrency, the technology is now being explored for other purposes. It is only a matter of time before the construction industry engages in earnest with blockchain and benefits from the technology.

Construction and Infrastructure Law, Student Forum