Articles 2021

Today
Today
head-shot of author Sahil Shoor

Ontario OH&S Update – Supreme Court upholds ONCA decision in R v. Greater Sudbury (City)

  • January 15, 2024
  • Sahil Shoor, partner, Gowling WLG (Canada) LLP

On November 10, 2023, the Supreme Court of Canada issued a split decision in R v. Greater Sudbury (City). This precedent-setting decision significantly expands the health and safety obligations of an “Owner” under Ontario’s Occupational Health and Safety Act.

Construction and Infrastructure Law, Student Forum
head-shot photos of authors Jay Nathwani and John Margie

Prompt Payment Gaps in the Construction Act

  • January 15, 2024
  • Jay Nathwani, partner, Margie Strub Construction Law, and John Margie, partner, Margie Strub Construction Law

Ontario’s prompt payment system under the Construction Act has changed the way that parties to construction projects understand their payment obligations. But there are several significant gaps in the prompt payment scheme that produce significant uncertainty and risk for contractors. In this article, we discuss three such gaps.

Construction and Infrastructure Law, Student Forum
head-shot photo of author Paul Ivanoff

Adjudication: Ontario Decision a Reminder that “Rough Justice” is Not Real Justice

  • January 15, 2024
  • Paul Ivanoff, partner, Osler, Hoskin & Harcourt LLP

With the introduction of prompt payment and adjudication into Ontario’s Construction Act, the pursuit of “rough justice” became a new tool in the tool-kit of project participants. In spite of its procedural and other frailties, adjudication arrived along with a legislated provision that “the determination and reasons of an adjudicator are admissible as evidence in a court.” The addition of this “admissibility” provision raises interesting questions.

Construction and Infrastructure Law, Student Forum
head-shot photos of authors Catherine Gleason-Mercier, Nicholas Reynolds and Rachel Poon

I Take it Back – Praxy Cladding Corp. v. Stone Lamina Inc. and the Withdrawal of Admissions from Pleadings and Examinations for Discovery

  • January 15, 2024
  • Catherine Gleason-Mercier, partner, Singleton Urquhart Reynolds Vogel LLP; Nicholas Reynolds, associate, Singleton Urquhart Reynolds Vogel LLP; and Rachel Poon, associate, Singleton Urquhart Reynolds Vogel LLP

In Praxy Cladding Corp. v. Stone Lamina Inc., the Ontario Superior Court reviewed the process for amending pleadings in proceedings under the Construction Act, and in doing so, provided important clarity as to what constitutes an admission, as well as the distinction between an admission from a pleading versus an admission arising out of an examination for discovery. The authors consider the key takeaways from this decision with respect to pleadings and conducting examinations for discovery.

Construction and Infrastructure Law, Student Forum
photo of author Samantha Ambrozy

Ontario the Outlier: An Analysis of the Integration of the Lien and Adjudication Regimes under the Construction Act

  • May 10, 2023
  • Samantha Ambrozy, solicitor, legal section, Toronto Transit Commission; Mark St. Cyr, partner, Cassels Brock & Blackwell LLP; and Edward Lynde, partner, Fasken Martineau DuMoulin LLP

Can the construction lien and adjudication regimes co-exist in Ontario and work seamlessly, in harmony together? This article explores certain unintended pitfalls, shortcomings, and incongruencies associated with combining the regimes, as illustrated in the wording of the statute itself as well as in recent case law on adjudication.

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

Interim Adjudication - the Wild West of Construction Dispute Resolution

  • May 10, 2023
  • Dan Fridmar, Fridmar Professional Corporation

Three years into the Interim Adjudication process under Part II.1 of the Construction Act, it is apparent that what was promised as a quick and dirty approach to dispute resolution is turning into a fly-by-night process that creates more problems than solutions. In this article, the author shares his thoughts on some of these problems.

Construction and Infrastructure Law, Student Forum
photo of author Clive N. Thurston

Why Use CCDC Contracts?

  • March 16, 2023
  • Clive N. Thurston, president, Thurston Consulting Services Inc., former president of the Ontario General Contractors Association

The article addresses a repeating “urban legend” that there is no value to using CCDC contracts, and reinforces why the uniquely Canadian system is not only fair but eliminates a great deal of confusion and problems for all parties concerned.

Construction and Infrastructure Law, Student Forum
photo of author James De Melo

Compare and Contract: CCDC 2 and CCDC 5A

  • March 16, 2023
  • James De Melo, lawyer, Construct Legal

This article explores two of the most common construction contract formats in Ontario, the CCDC 2 – Stipulated Price Contract and the CCDC 5A Construction Management Contract – For Services, and identifies some of the similarities and differences between these project delivery models.

Construction and Infrastructure Law, Student Forum
photo of author Daniel Fridmar

CCDC Contracts - Roast 'Em or Toast 'Em

  • March 16, 2023
  • Dan Fridmar

A summary of the event hosted by the OBA's Construction and Infrastructure Law Section on January 19, 2023.

Construction and Infrastructure Law, Student Forum
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