Articles 2023

Aujourdʼhui
Aujourdʼhui

Construction Litigants Beware: Unresolved Gaps, Confusion and Inconsistencies in the Construction Act, R.S.O. 1990, c.C30.

  • 05 novembre 2019
  • Robert Kennaley and Josh Winter, Kennaley Construction Law

The new Act’s provisions contain gaps and inconsistencies which will in our view lead to confusion and potential problems going forward. We have identified some of them, below. Many will no doubt be addressed in due course, although many most likely will not.

Droit de la construction et infrastructure, Student Forum

Changes to Municipal Construction Liens under the October 1, 2019 Construction Act

  • 19 octobre 2019
  • Samantha Ambrozy, solicitor at Toronto Transit Commission

Significant changes to the Construction Act came into force in Ontario on October 1, 2019.  While prompt payment and adjudication have been receiving most of the attention, a significant change to how construction liens are preserved in respect of municipal premises should not be overlooked.

Droit de la construction et infrastructure, Student Forum
Case Comment: Rockhill Construction Ltd. v. Ottens

Case Comment: Rockhill Construction Ltd. v. Ottens

  • 19 octobre 2019
  • Catherine DiMarco, Heal & Co. LLP

In the case of Rockhill Construction Ltd. v. Ottens, the Court considered the application of the two-year deadline to set a lien action down for trial under section 37, in the circumstances of an amended statement of claim.

Droit de la construction et infrastructure, Student Forum

Smart Contracts and Blockchain Technology: Transformation of the construction industry

  • 17 octobre 2019
  • Andrea Lee and Lena Wang, Glaholt LLP

While blockchain originated to serve as the public transaction ledger of cryptocurrency, the technology is now being explored for other purposes. It is only a matter of time before the construction industry engages in earnest with blockchain and benefits from the technology.

Droit de la construction et infrastructure, Student Forum

ODACC Previews Five Ontario Adjudication Processes, Costs and Example Timeline

  • 24 septembre 2019
  • Ivan Merrow, Glaholt LLP

For the first time, the Ontario Dispute Adjudication for Construction Contracts ("ODACC”) previewed five adjudication processes, costs and an example adjudication timeline—all as part of the application package to become an adjudicator. This first look surveys a number of potential adjudication processes and highlights the summary nature of the regime as envisioned by the Act.

Droit de la construction et infrastructure, Student Forum
To Adjudicate or Not?  The New Adjudication Regime is Just Around the Corner

To Adjudicate or Not? The New Adjudication Regime is Just Around the Corner

  • 16 septembre 2019
  • Nora Kharouba, Fasken Martineau DuMoulin, LLP

The long-awaited introduction of the interim adjudication regime under Ontario’s Construction Act (“Adjudication Regime”) is just around the corner. The first of its kind in Canada, the Adjudication Regime takes effect on October 1, 2019, and promises to bring efficiency and timeliness to the resolution of disputes in the construction industry.

Droit de la construction et infrastructure, Student Forum

Case Comment: Blake v. Blake, 2019 ONSC 4062

  • 04 septembre 2019
  • Katherine Thornton, Glaholt LLP,

Blake v. Blake is an important cautionary tale for all lawyers: read all of the articles that your firm publishes. A judge may make a factual inference that you know about the case your firm wrote about, especially if you practice in a specialized firm.

Droit de la construction et infrastructure, Student Forum

Case Comment: 9585800 Canada Inc. v. JP Gravel Construction

  • 13 août 2019
  • Brendan Bowles and Markus Rotterdam, Glaholt LLP

Ever since the 1992 decision in Southridge Construction Group Inc. v. 667293 Ontario, section 48 of the Construction Act has been interpreted to the effect that once a lien is discharged, a claimant cannot lien again for services performed prior to the date of the perfection of the first, discharged lien. How has the uniform application of Southridge changed as a result of the recent decision in 9585800 Canada Inc. v. JP Gravel Construction, 2019 ONSC 3396 (S.C.J.)

Droit de la construction et infrastructure, Student Forum