Articles 2021

Today
Today

Case Comment: 2099082 Ontario Limited v. Varcon Construction Corporation

  • June 03, 2020
  • Ivan Merrow, associate at Glaholt Bowles LLP

Not all warranty provisions are created equal when it comes to construction contracts. Individual warranty provisions may vary in length of time, scope, and the degree of fault required to trigger those obligations.

Construction and Infrastructure Law, Student Forum
Q&A with Marcia J. Oliver, OBA Construction and Infrastructure Law Award of Excellence Recipient

Q&A with Marcia J. Oliver, OBA Construction and Infrastructure Law Award of Excellence Recipient

  • May 19, 2020

Marcia J. Oliver, CS (Construction Law), Q. Arb., Partner, Advocates LLP, is being honoured this year with the OBA Construction and Infrastructure Law Award of Excellence for her outstanding leadership and contributions to the field of construction law. Gain a glimpse of what inspires her and how she is making a difference in her area of practice in this candid Q&A.

Construction and Infrastructure Law, Student Forum

The Implications of Force Majeure and Frustration in the Time of COVID-19

  • April 22, 2020
  • Jesse Gardner & Natasha Rodrigues, Singleton Urquhart Reynolds Vogel LLP

These are rapidly evolving and legally unprecedented circumstances which have had, and will continue to have, significant impacts on construction projects. This article considers the potential applicability of force majeure provisions and the doctrine of frustration in the current circumstances.

Construction and Infrastructure Law, Student Forum

COVID-19 – New Home (Tarion) Warranty Processes Suspended

  • April 21, 2020
  • Christine Kellowan, Goldman Sloan Nash & Haber LLP

Tarion Warranty Corporation (“Tarion”) has issued a number of advisories regarding the suspension of certain new home warranty program processes.

Construction and Infrastructure Law, Student Forum

The Ontario Government Suspends Limitation Periods Effective March 16, 2020

  • April 20, 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.

Construction and Infrastructure Law, Student Forum

COVID-19 Construction Law Update

  • April 20, 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.

Construction and Infrastructure Law, Student Forum
Crisis Management Bulletin: Construction Contracts and COVID-19

Crisis Management Bulletin: Construction Contracts and COVID-19

  • April 06, 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.

Construction and Infrastructure Law, 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?

  • April 06, 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."

Construction and Infrastructure Law, Student Forum

How Do Suppliers Fit Within the New Prompt Payment Regime?

  • April 06, 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.

Construction and Infrastructure Law, Student Forum