Articles 2022

The recent British Columbia Court of Appeal case of Greater Vancouver Water District v. North American Pipe & Steel Ltd. provides a very good reminder to suppliers of the risks of providing warranties in supply contracts.

Two of the more specialized areas of law are construction and insolvency law. Each area largely operates under its own rules, in its own forum with specialized counsel and clients. When the two disciplines intersect, disputes can become complex and contentious.

Since December 31, 2008, when By-Law 7.1 came into force, lawyers in Ontario are getting used to ensuring compliance with the Law Society’s client identification and verification requirements when opening a file for a new client, or when handling certain trust fund transactions.

Where a general contractor defaults on a construction project and a sub-contractor remains unpaid for services performed or materials supplied on the bonded project the unpaid subcontractor may bring a claim against the surety

In Urbacon Building Groups Corp. v. The Corporation of The City of Guelph,, a subcontractor, Swan & Associates Inc., moves for a declaration that its claim for lien was timely, and for partial summary judgment with respect to that issue.

There are time limits to preserve and perfect lien claims, as well as a time limit to set the lien down for trial. The enforcement of the two-year limitation period is mandatory and the Court retains no jurisdiction to exercise its discretion in applying it.

Under previous limitations legislation, claims for breach of trust and fiduciary duty were not barred by legislation- only the equitable doctrine of laches. It is clear under the “new” Limitations Act, that the general, 2-year limitation period applies.

Construction trials often involve a “battle of the experts” on issues such as causation in relation to construction defects and quantification of damages, including delay damages. A strong expert report can be a key element of a successful construction claim or defence. 

In one paragraph, the Court of Appeal issued an endorsement which may make it easier for a plaintiff, in some construction breach of trust cases against officers, directors and persons having effective control of a corporation, to continue to...

The Construction Law Section of the Ontario Bar Association has established an Award of Excellence to recognize exceptional contributions by individuals both to the law and the construction bar.