Articles 2021

Aujourdʼhui
Aujourdʼhui
Head-shot of author Lyndsay Butlin

In-House Insights: Lyndsay Butlin

  • 05 mars 2022
  • Lyndsay Butlin, In-House counsel, Aecon Group Inc.; Dan Fridmar, Fridmar Professional Corporation

Introducing the In-House Insights series, where we interview in-house lawyers on their work experiences, the difference in their responsibilities from out-house firms, and general advice. Before moving in-house, Lyndsay's practice focused on commercial litigation, lawyers' negligence, and employment law. Lyndsay acted for business and individuals in commercial matters, including breach of contract claims and real property disputes.

Droit de la construction et infrastructure, Student Forum
Head-shot of author Devon Ryerse

In-House Insights: Devon Ryerse

  • 05 mars 2022
  • Devon Ryerse, In-House counsel, Aecon Group Inc.; Dan Fridmar, Fridmar Professional Corporation

Introducing the In-House Insights series, where we interview in-house lawyers on their work experiences, the difference in their responsibilities from out-house firms, and general advice. Devon Ryerse was called to the bar in 2007 and practiced commercial and general litigation in Hamilton, Ontario for several years before transitioning to an in-house role at Aecon Group Inc.

Droit de la construction et infrastructure, Student Forum
Head-shot of author Chris Moran

In-House Insights: Chris Moran

  • 05 mars 2022
  • Chris Moran, General Counsel, Maple Reinders Group; Dan Fridmar, Fridmar Professional Corporation

Introducing the In-House Insights series, where we interview in-house lawyers on their work experiences, the difference in their responsibilities from out-house firms, and general advice. In this edition, we hear from Chris Moran - Chris Moran is the General Counsel of the Maple Reinders Group, where he is responsible for all of the legal aspects of Maple Reinders’ business.

Droit de la construction et infrastructure, Student Forum

Modular Construction: Growing Methodology and its Legal Implications

  • 07 janvier 2022
  • Karen Groulx & Dragana Bukejlovic (with special thanks to Hala Abdul Ghani, articling student at Dentons Canada LLP)

This article explores the legalities surrounding modular construction. Modular construction is a process in which a building or structure, or components thereof, are constructed off-site, in a factory-like setting. While modular construction has existed for some time, today it remains an under-utilized building or construction process in Canada, comprising only 3% of North American new builds. It is clear that modular construction will have a place in the future of building in Canada. 

Droit de la construction et infrastructure, Student Forum

Comparing Lien Regimes: A Brief Insight into the Michigan Construction Lien Act

  • 07 janvier 2022
  • Daniel Fridmar

Construction Law is unique to almost every geographical region. Learning one region's laws, however, could be beneficial to advancing laws in our own. In this piece, the author explores specific provisions under the Michigan Construction Lien Act and suggests how these provisions may benefit Ontario's Construction Act.

Droit de la construction et infrastructure, Student Forum

Limitation Periods and Construction Invoices: 1838120 Ontario Inc. v. Township of East Zorra-Tavistock

  • 28 octobre 2021
  • Jackie van Leeuwen, associate at Glaholt Bowles LLP

Anyone who has provided services or materials in the construction industry has likely run into the issue of non-payment of their invoices. But how do you determine when the limitation period begins to run for an unpaid invoice, and in turn, the deadline for when a lawsuit must be commenced? The recent case of 1838120 Ontario Inc. v. Township of East Zorra-Tavistock, 2021 ONSC 3341, is of assistance in answering these questions.

Droit de la construction et infrastructure, Student Forum

Breach of Trust in Ontario Construction Projects and the Timeline to Pay

  • 28 octobre 2021
  • Ivan Merrow

In the recent case Clearwater Structures v. 614128 Ontario Ltd. o/a Trisan Construction, 2021 ONSC 5601 (CanLII), the court suggests that in addition to obligations to segregate and hold funds for trust beneficiaries in the Act, there may also be circumstances where there is an implied obligation to pay those trust funds in a timely fashion.

Droit de la construction et infrastructure, Student Forum

Carillion, the Companies' Creditors Arrangement Act and Construction Lien Act Trusts: Confusion (again) regarding certainty of subject matter and commingling of funds

  • 26 mai 2021
  • R. Bruce Reynolds, Kathryn E. Kirkpatrick, Nicholas Reynolds

The Companies' Creditors Arrangement Act proceedings involving Carillion Canada and related entities have been an ongoing area of interest for the construction industry since proceedings began in early 2018. Recently, Ernst & Young, (in its capacity as Monitor of Carillion Canada in the CCAA proceeding), brought a motion seeking a declaration that certain funds received in relation to various construction projects were deemed statutory trust funds pursuant to the Construction Lien Act.

Droit de la construction et infrastructure, Student Forum