Articles 2021

Today
Today
Security for Costs and Holdback Entitlement

Security for Costs and Holdback Entitlement

  • May 30, 2017
  • Katherine Thornton

In Yuanda Canada Enterprises Ltd. v. Pier 27 Toronto Inc., Master Wiebe broke new ground and denied Defendants security for costs in part because of the Plaintiff’s holdback entitlement which exceeded the Defendant’s costs for the action.

Construction and Infrastructure Law
Ontario Government to Restructure Tarion

Ontario Government to Restructure Tarion

  • April 21, 2017
  • James Clinton and Richard Wong

On March 28, 2017, Minister of Government and Consumer Services Tracy MacCharles announced that the Ontario government intends to proceed with many of the 37 recommendations contained in the 2016 independent review conducted by the Honourable J. Douglas Cunningham, QC.

Construction and Infrastructure Law
<em>Dismissal for Delay: Southwestern Sales Corp. v. Spurr Bros. Ltd.</em>

Dismissal for Delay: Southwestern Sales Corp. v. Spurr Bros. Ltd.

  • March 27, 2017
  • David I. Bristow, Q.C.

In July of 2016, the Ontario Court of Appeal, in Southwestern Sales Corp. v. Spurr Bros. Ltd., 2016 ONCA 590, delivered judgment in a case of dismissal of six construction lien actions and one trust action for delay.

Construction and Infrastructure Law
Our Section's Annual Tour

Our Section's Annual Tour

  • February 28, 2017
  • David Debenham

As Toronto Lifemagazine does a feature article on how Toronto’s new Super Jail is “the Billion Dollar Hellhole”, I cannot help but reflect on what an incredible value the Construction and Infrastructure’s annual year-end tours are.

Construction and Infrastructure Law
<em>Jade-Kennedy Development Corporation (Re), 2016</em> ONSC 7125

Jade-Kennedy Development Corporation (Re), 2016 ONSC 7125

  • February 28, 2017
  • Justin Zuccon

Priority disputes can get messy, especially where there are more than one borrower and mortgagee involved; over a dozen lien claimants asserting their priorities; and multiple advances to different parties in different amounts made at different times under different mortgages and credit facilities.

Construction and Infrastructure Law
Don’t Scoff at the s.12 Set-Off – Retain Payment from the Multi-Project Claimant

Don’t Scoff at the s.12 Set-Off – Retain Payment from the Multi-Project Claimant

  • January 26, 2017
  • Alexander Wilkes

In instances where a party hires a contractor to conduct work on multiple, unrelated projects, the contractor may be owed an undisputed amount on one project, yet the payer may wish to retain this undisputed amount until such time as disputed amounts on a second, unrelated project are addressed.

Construction and Infrastructure Law
<em>Trenchline Const. Inc. v. Unimac-United Mgmt. Corp.,</em>2016 ONSC 6136

Trenchline Const. Inc. v. Unimac-United Mgmt. Corp.,2016 ONSC 6136

  • December 02, 2016
  • Justin Zuccon

In Trenchline Construction Inc. v. Unimac-United Management Corp., 2016 ONSC 6136, Master Wiebe provided a clarification of the substantive requirements for a written notice of lien under section 24 of the Construction Lien Act, R.S.O. 1990, c. C.30.

Construction and Infrastructure Law
Case Comment: <em>Dean’s Standard Inc. v Siljub Toronto Ltd., 2016 ONSC 5254</em>

Case Comment: Dean’s Standard Inc. v Siljub Toronto Ltd., 2016 ONSC 5254

  • September 23, 2016
  • Justin Zuccon

Dean’s Standard Inc. painfully illustrates why construction contractors must proceed with caution when entering into agreements to supply labour or materials at the behest of a potential purchaser of a property where the actual owners of the property are not present throughout the contractual discussions.

Construction and Infrastructure Law
2016 OBA Award of Excellence in Construction & Infrastructure Law Dinner and Site Visit

2016 OBA Award of Excellence in Construction & Infrastructure Law Dinner and Site Visit

  • September 23, 2016
  • Max Gennis

On June 9, 2016, members of the Construction & Infrastructure Law Section assembled at the Albany Club of Toronto to celebrate the beginning of summer, get an up-close look at the E&Y Tower construction project at 100 Adelaide Street West, and toast the accomplishments of Geza R. Banfai as he was awarded this year’s OBA Award of Excellence in Construction & Infrastructure Law.

Construction and Infrastructure Law