Articles

About Articles The below articles are published by the Construction and Infrastructure Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editor: Dan Fridmar

Today
Today

Was COVID the Impetus for Change the Construction Industry Needed to Embrace the Digital Revolution?

  • January 09, 2021
  • Karen Groulx, Dragana Bukejlovic and Karl Schober, Dentons Canada LLP

The impact of the COVID-19 pandemic has provided the impetus for the increased use of technology in many industries – including the construction industry, which has historically been criticized for having productivity problems and being slow to embrace new technology.

Construction and Infrastructure Law, Student Forum

New Amendments to the Rules of Civil Procedure – Construction Act Implications

  • January 09, 2021
  • Karen Groulx, Dragana Bukejlovic, Dentons Canada LLP

Effective January 1, 2021, Ontario Regulation 689/20 substantially amended the Rules of Civil Procedure. In many ways, the changes reflect the reality of litigation in Ontario since the onset of the COVID-19 Pandemic and focus on a technological shift in the nature of litigation, which was both necessary, and needed. Not only do the changes affect litigation under the Construction Act but they will also have an impact on the prompt payment and adjudication provisions therein.

Construction and Infrastructure Law, Student Forum

The Anti-Deprivation Rule and its Implications for Construction Contracts: Chandos Construction v Deloitte

  • November 11, 2020
  • Bruce Reynolds and Nicholas Reynolds, Singleton Reynolds.

In Chandos Construction v Deloitte Restructuring, the Supreme Court clarified one aspect of bankruptcy law – the scope and application of the anti-deprivation rule – while leaving an unsettled area of contract law – the penalty doctrine – to be resolved for another day. Here, we consider the implications of the newly-clarified anti-deprivation rule as it applies to the construction industry.

Construction and Infrastructure Law, Student Forum

Virtual Litigation in Construction Law: Are you Ready? Best Practices Roundup

  • November 11, 2020
  • Karen Groulx and Dragana Bukejlovic, Dentons Canada LLP

Perhaps one silver lining to the COVID-19 Pandemic has been the accelerated implementation of technologically based tools by both the construction industry and the courts to overcome the hurdles arising from the need to maintain “physical distancing’.

Construction and Infrastructure Law, Student Forum

Case Comment: 2099082 Ontario Limited v. Varcon Construction Corporation

  • June 03, 2020
  • Ivan Merrow, associate at Glaholt Bowles LLP

Not all warranty provisions are created equal when it comes to construction contracts. Individual warranty provisions may vary in length of time, scope, and the degree of fault required to trigger those obligations.

Construction and Infrastructure Law, Student Forum
Q&A with Marcia J. Oliver, OBA Construction and Infrastructure Law Award of Excellence Recipient

Q&A with Marcia J. Oliver, OBA Construction and Infrastructure Law Award of Excellence Recipient

  • May 19, 2020

Marcia J. Oliver, CS (Construction Law), Q. Arb., Partner, Advocates LLP, is being honoured this year with the OBA Construction and Infrastructure Law Award of Excellence for her outstanding leadership and contributions to the field of construction law. Gain a glimpse of what inspires her and how she is making a difference in her area of practice in this candid Q&A.

Construction and Infrastructure Law, Student Forum

The Implications of Force Majeure and Frustration in the Time of COVID-19

  • April 22, 2020
  • Jesse Gardner & Natasha Rodrigues, Singleton Urquhart Reynolds Vogel LLP

These are rapidly evolving and legally unprecedented circumstances which have had, and will continue to have, significant impacts on construction projects. This article considers the potential applicability of force majeure provisions and the doctrine of frustration in the current circumstances.

Construction and Infrastructure Law, Student Forum

Tips for Preparing for E-Litigation

  • April 22, 2020
  • Faren Bogach, Kartiga Thavaraj, Mike Brown and James De Melo, WeirFoulds LLP

E-litigation—litigation that is either paperless or virtual—is the way of the future. This was already becoming true when we conducted the first paperless trial in the history of the construction courts in Toronto in early 2020, and it is even more apparent during the ongoing COVID-19 pandemic the world finds itself in.

Student Forum

COVID-19 – New Home (Tarion) Warranty Processes Suspended

  • April 21, 2020
  • Christine Kellowan, Goldman Sloan Nash & Haber LLP

Tarion Warranty Corporation (“Tarion”) has issued a number of advisories regarding the suspension of certain new home warranty program processes.

Construction and Infrastructure Law, Student Forum