Articles 2022

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Limitation Periods, Forbearance, and Breach of Trust Claims

Limitation Periods, Forbearance, and Breach of Trust Claims

  • May 06, 2016
  • David Debenham, McMillan

In Employment Professionals Canada Inc. v. Steel Design the Court once again deals with the thorny question of limitation periods where business people decide to forebear on their legal rights, this time in the context of a “prevenient arrangement”. Where labour or materials are supplied under an arrangement or understanding that supplies are provided at a going rate per hour or per item for one project, even if they are not ordered at one time, this is a “prevenient arrangement”.

Construction and Infrastructure Law
<em>Construction Lien Act</em> Review

Construction Lien Act Review

  • May 05, 2016
  • Ted Betts, Gowling WLG

The long, 32 year wait to reform Ontario’s Construction Lien Act may soon be over. The Province’s independent expert review of the Act is expected to submit its final report and recommendations at the end of April.

Construction and Infrastructure Law
Case Comment: <em>Keenan v. Canac Kitchens Ltd</em> 2016 ONCA 79

Case Comment: Keenan v. Canac Kitchens Ltd 2016 ONCA 79

  • April 26, 2016
  • Sia Moshiri

The Ontario Court of Appeal in the recent decision, Keenan v. Canac Kitchens Ltd 2016 ONCA 79 grappled with a frequent issue facing construction companies that often blur the line between independent contractors and employees.

Construction and Infrastructure Law
Infrastructure Development Primer II: Into the Trenches - Recap

Infrastructure Development Primer II: Into the Trenches - Recap

  • April 26, 2016
  • Lindsay Krauss

Given the continued market interest in the P3 model and the complex nature of the contractual relationships in P3 projects, the Construction and Infrastructure Law Section of the OBA hosted the “Infrastructure Development Primer II: Into the Trenches” at the end of March, building on the inaugural success of last year's Construction and Infrastructure Section's "Infrastructure Development Primer".

Construction and Infrastructure Law
Gross Negligence or Negligence? It Depends

Gross Negligence or Negligence? It Depends

  • March 22, 2016
  • Parker McKibbon

A common point of negotiation in construction industry contracts is whether the standard of negligence should be “negligence” or “gross negligence”.

Construction and Infrastructure Law
Metron Construction Project Manager Sentenced to 3.5 Years in Prison

Metron Construction Project Manager Sentenced to 3.5 Years in Prison

  • March 21, 2016
  • Richard Wong with Allan Wells, Daniel Wong and Lauren Harper

Efforts have raised the bar in a collective effort to prevent injury or death in the workplace. Nevertheless, the Metron decisions remain a stark reminder of the potential liability faced by companies, their directors and individuals directing the work of others under the Code and occupational health and safety legislation.

Construction and Infrastructure Law
Good Faith in Construction- Where We Are Post <em>Bhasin</em>

Good Faith in Construction- Where We Are Post Bhasin

  • February 24, 2016
  • Max Gennis

On Friday, February 5, as part of its Institute 2016 program, the Ontario Bar Association hosted a presentation entitled “Good Faith in Construction: Where We Are Post Bhasin”.

Construction and Infrastructure Law
Interpreting Notice Provisions – A Question of Law?

Interpreting Notice Provisions – A Question of Law?

  • January 18, 2016
  • Courtney Raphael and Alyssa Gebert

It is commonly accepted that providing timely notice in writing of a dispute is essential to the success of a construction claim. A critical term in most standard form construction contracts is the notice requirement for delay claims.

Construction and Infrastructure Law