Articles 2021

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Today
Head-shot of author Charlie Livermore

In-House Insights: Charlie Livermore

  • March 05, 2022
  • Charlie Livermore, 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. Charlie is Legal Counsel at Aecon Group Inc. He has been at Aecon for over three years, after articling and practicing litigation at Ross & McBride in Hamilton. His current practice includes all aspects of infrastructure law, with a focus on utilities and energy.

Construction and Infrastructure Law, Student Forum
Head-shot of author Devon Ryerse

In-House Insights: Devon Ryerse

  • March 05, 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.

Construction and Infrastructure Law, Student Forum
Head-shot of author Chris Moran

In-House Insights: Chris Moran

  • March 05, 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.

Construction and Infrastructure Law, Canadian Corporate Counsel Association - Ontario Chapter, Student Forum

Modular Construction: Growing Methodology and its Legal Implications

  • January 07, 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. 

Construction and Infrastructure Law, Student Forum

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

  • January 07, 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.

Construction and Infrastructure Law, Student Forum

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

  • October 28, 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.

Construction and Infrastructure Law, Student Forum

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

  • October 28, 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.

Construction and Infrastructure Law, Student Forum

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

  • May 26, 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.

Construction and Infrastructure Law, Student Forum