Articles 2022

Today
Today

Passed Inspection: The View of the Canadian Courts on Municipal Liability

  • September 06, 2024
  • Y. Korany & K. Kwinter

This article presents an overview of the powers and duties of municipalities under the Building Code Act and the Ontario Building Code, provides examples of where municipalities can be vulnerable to liability, and discusses the view of the Canadian Courts on municipal liability.

Construction and Infrastructure Law, Insurance Law, Student Forum
Golf Day winning team poses with trophy

19th Annual Golf Day and Lunch Program a Great Success

  • July 10, 2024
  • OBA Construction and Infrastructure Law Section Executive

Last month, the OBA Construction and Infrastructure Law Section hosted its 19th Annual Golf Day & Lunch Program at Eagles Nest Golf Club in Maple, Ontario. The sold-out event was a huge success thanks to our co-chairs, organizers, core sponsors and speakers.

Construction and Infrastructure Law, Student Forum
head-shot photo of author Ashley Landesman

“Oh Sheet!” - The Importance of Detailed Time Sheets in Proving Quantum of Damages

  • July 08, 2024
  • Ashley Landesman

In Sjostrom Sheet Metal Ltd. v. Geo A. Kelson Company Limited, 2023 ONSC 4959, the Ontario Superior Court of Justice affirmed several key legal principles, including the importance of carefully drafted pleadings, the validity of oral contracts, the significance of good record-keeping in quantifying damages, adherence to contractual default notice provisions, and the consequences that may flow from ambiguous or incomplete change orders.

Construction and Infrastructure Law, Student Forum
side-by-side head-shot photos of authors James Little, Nicholas Reynolds and R. Bruce Reynolds

Walsh Construction v. Toronto Transit Commission: Guidance and Questions on Complex Delay and Disruption Claims, Expert Witnesses, and Flow-Through Claims

  • July 08, 2024
  • R. Bruce Reynolds, James Little, and Nicholas Reynolds

In response to Walsh Construction v. Toronto Transit Commission et al., 2024 ONSC 2782, the Superior Court has a offered a number of valuable takeaways for the construction industry and construction law practitioners, including counsel and arbitrators, regarding what can be expected in the resolution of a complex construction claim.

Construction and Infrastructure Law, Student Forum

ESG Building Certification

  • April 24, 2024
  • Jason Lewis

An overview of the ways in which environmental, social and governance standards positively affect owners, builders, end-users, and society as a whole.

Construction and Infrastructure Law, Student Forum

Practicalities of Notices of Non-Payment

  • April 24, 2024
  • Dan Fridmar

Ontario is now a little over four years into the new prompt payment requirements under the Construction Act, R.S.O. 1990, c. C.30. While there have been many articles on the written requirements set out in the new Part I.1 of the Act, not much is set in stone as far as the implementation and enforcement of these new provisions. More particularly, some members of the construction industry are finding it hard to understand and follow the requirements pertaining to Notices of Non-Payment.

Construction and Infrastructure Law, Student Forum

Unregistered Liens Withdrawn Live On: Gay Company Limited v. 962332 Ontario Inc.

  • April 24, 2024
  • Ivan Merrow and Giorgina Chum

Once lien rights are extinguished, they are extinguished forever. After a lien is first registered on title, does a withdrawal of the Claim for Lien instrument forever extinguish those lien rights? In Gay Company Limited v. 962332 Ontario Inc., 2023 ONSC 6023, survival of the claimant’s lien rights turned on this question.

Construction and Infrastructure Law, Student Forum

R. v. Greater Sudbury (City) and the Defence of Due Diligence

  • April 23, 2024
  • Catherine DiMarco and Andy Balaura, Pallett Valo LLP

On November 10, 2023, the Supreme Court of Canada rendered its much-anticipated decision in the matter of R. v. Greater Sudbury (City). The decision is noteworthy in its expanding, in a significant way, the health and safety obligations of an “owner” of a construction project under Ontario’s Occupational Health and Safety Act, R.S.O., 1990, c. O.1.

Construction and Infrastructure Law, Student Forum
head-shot of author Sahil Shoor

Ontario OH&S Update – Supreme Court upholds ONCA decision in R v. Greater Sudbury (City)

  • January 15, 2024
  • Sahil Shoor, partner, Gowling WLG (Canada) LLP

On November 10, 2023, the Supreme Court of Canada issued a split decision in R v. Greater Sudbury (City). This precedent-setting decision significantly expands the health and safety obligations of an “Owner” under Ontario’s Occupational Health and Safety Act.

Construction and Infrastructure Law, Student Forum
head-shot photos of authors Jay Nathwani and John Margie

Prompt Payment Gaps in the Construction Act

  • January 15, 2024
  • Jay Nathwani, partner, Margie Strub Construction Law, and John Margie, partner, Margie Strub Construction Law

Ontario’s prompt payment system under the Construction Act has changed the way that parties to construction projects understand their payment obligations. But there are several significant gaps in the prompt payment scheme that produce significant uncertainty and risk for contractors. In this article, we discuss three such gaps.

Construction and Infrastructure Law, Student Forum