Articles 2021

Aujourdʼhui
Aujourdʼhui

The Ontario Government Suspends Limitation Periods Effective March 16, 2020

  • 20 avril 2020
  • Lida Moazzam & Sharon Vogel, FCI Arb, Singleton Urquhart Reynolds Vogel LLP

In view of COVID-19, on March 20, 2020, the Attorney General of Ontario ordered the suspension of limitation periods and other procedural time periods. The Order is retroactively dated to March 16, 2020.

Droit de la construction et infrastructure, Student Forum

COVID-19 Construction Law Update

  • 20 avril 2020
  • Bryce Dillon & Keith MacLaren, Perley-Robertson,Hill & McDougall LLP/s.r.l.

A summary of important legal information for Ontario businesses in construction to keep in mind during the COVID-19 / coronavirus crisis.

Droit de la construction et infrastructure, Student Forum
Crisis Management Bulletin: Construction Contracts and COVID-19

Crisis Management Bulletin: Construction Contracts and COVID-19

  • 06 avril 2020
  • Andrew J. Heal, J.D., LL.M., Heal & Co. LLP

This short legal bulletin raises some of the key legal considerations in managing the rapidly evolving impacts of the COVID-19 pandemic in our construction industry. It also urges all of us to take a collective deep breath, and pause, to work together to continue economic activities vital to the health of our nation.

Droit de la construction et infrastructure, Student Forum
Staying the Enforcement of an Adjudicator’s Award: Will Ontario Follow the U.K. Test?

Staying the Enforcement of an Adjudicator’s Award: Will Ontario Follow the U.K. Test?

  • 06 avril 2020
  • Damon Stoddard, Heal & Co. LLP

Over the past year, many articles have been written about the availability of adjudication. One author aptly wrote that “the legislation does not specifically refer to the proper invoice as the foundation of adjudication … as a result, the jurisdiction is arguably broader than originally envisioned [and] most common disputes arising on a construction project will likely fall within one or more of the listed matters, making adjudication widely available."

Droit de la construction et infrastructure, Student Forum

How Do Suppliers Fit Within the New Prompt Payment Regime?

  • 06 avril 2020
  • Jackie van Leeuwen, student-at-law at Glaholt Bowles LLP, Andrea Lee, Partner at Glaholt Bowles LLP,

The lag between a subcontractor completing its work on a project and the subcontractor being paid has been a longstanding source of tension in the construction industry. In the past, subcontractors typically had to wait for the contractor to be paid by the owner before money would flow down to them and, even then, there was no guarantee that they would be paid within weeks or even months of completing work on a project.

Droit de la construction et infrastructure, Student Forum

Force Majeure Provisions in the Context of Outbreaks and Protests

  • 26 mars 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.

Droit de la construction et infrastructure, Student Forum

New Rules for School: UAlberta Pro-Life v. Governors of the University of Alberta

  • 10 mars 2020
  • Teagan Markin

In UAlberta Pro-Life v. Governors of the University of Alberta, the Alberta Court of Appeal held that a university's regulation of free expression on campus is a form of governmental action subject to Charter scrutiny. The decision sets a new precedent on the application of the Charter to university activities, applies the Doré test on a correctness standard of review, and considers the recent Vavilov decision of the Supreme Court of Canada. This article reviews this noteworthy decision.

Droit de la construction et infrastructure, Student Forum

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

  • 25 février 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.

Droit de la construction et infrastructure, Student Forum

Liening Municipal Lands in Ontario

  • 30 janvier 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.

Droit de la construction et infrastructure, Student Forum

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

  • 09 décembre 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.

Droit de la construction et infrastructure, Student Forum