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

The Ontario Government Suspends Limitation Periods Effective March 16, 2020

  • April 20, 2020
  • Lida Moazzam & Sharon Vogel, FCI Arb, Singleton Urquhart Reynolds Vogel LLP

In view of COVID-19, on March 20, 2020, the Attorney General of Ontario ordered the suspension of limitation periods and other procedural time periods. The Order is retroactively dated to March 16, 2020.

Construction and Infrastructure Law, Student Forum

COVID-19 Construction Law Update

  • April 20, 2020
  • Bryce Dillon & Keith MacLaren, Perley-Robertson,Hill & McDougall LLP/s.r.l.

A summary of important legal information for Ontario businesses in construction to keep in mind during the COVID-19 / coronavirus crisis.

Construction and Infrastructure Law, Student Forum
Crisis Management Bulletin: Construction Contracts and COVID-19

Crisis Management Bulletin: Construction Contracts and COVID-19

  • April 06, 2020
  • Andrew J. Heal, J.D., LL.M., Heal & Co. LLP

This short legal bulletin raises some of the key legal considerations in managing the rapidly evolving impacts of the COVID-19 pandemic in our construction industry. It also urges all of us to take a collective deep breath, and pause, to work together to continue economic activities vital to the health of our nation.

Construction and Infrastructure Law, Student Forum
Staying the Enforcement of an Adjudicator’s Award: Will Ontario Follow the U.K. Test?

Staying the Enforcement of an Adjudicator’s Award: Will Ontario Follow the U.K. Test?

  • April 06, 2020
  • Damon Stoddard, Heal & Co. LLP

Over the past year, many articles have been written about the availability of adjudication. One author aptly wrote that “the legislation does not specifically refer to the proper invoice as the foundation of adjudication … as a result, the jurisdiction is arguably broader than originally envisioned [and] most common disputes arising on a construction project will likely fall within one or more of the listed matters, making adjudication widely available."

Construction and Infrastructure Law, Student Forum

How Do Suppliers Fit Within the New Prompt Payment Regime?

  • April 06, 2020
  • Jackie van Leeuwen, student-at-law at Glaholt Bowles LLP, Andrea Lee, Partner at Glaholt Bowles LLP,

The lag between a subcontractor completing its work on a project and the subcontractor being paid has been a longstanding source of tension in the construction industry. In the past, subcontractors typically had to wait for the contractor to be paid by the owner before money would flow down to them and, even then, there was no guarantee that they would be paid within weeks or even months of completing work on a project.

Construction and Infrastructure Law, Student Forum

Force Majeure Provisions in the Context of Outbreaks and Protests

  • March 26, 2020
  • Jackie van Leeuwen, student-at-law at Glaholt Bowles LLP

Force majeure provisions are often overlooked, but when drafted and invoked properly, they can be useful risk allocation tools. In the construction context, they can be used to allocate risk in case of a shortage of raw materials, extreme weather or a labour strike, among other events. Force majeure clauses excuse a party’s performance under a contract in full or in part, to the extent that the failure to perform is due to certain circumstances outside of the party’s control.

Construction and Infrastructure Law, Student Forum

Second Round Knockout: Security for Costs and the New Construction Act

  • February 25, 2020
  • Ivan Merrow, Glaholt Bowles LLP

Ontario’s reformed Construction Act has been fully in force since October 1, 2019. The changes to the Act and its regulations are still settling across the province, at times in surprising ways. In the Ontario Superior Court’s recent decision, The Gatti Group Corp v. Zuccarini, 2019 ONSC 7050 (“Zuccarini”), the Act amplified the defendants’ successful second security for costs motion, resulting in an order that the plaintiff post $95,000 into court in 30 days.

Construction and Infrastructure Law, Student Forum

Liening Municipal Lands in Ontario

  • January 30, 2020
  • Darina Mishiyev, Law Clerk at Glaholt Bowles LLP

Prior to October 1, 2019, the only lands to which a lien could not attach were federally and provincially owned lands. Municipal lands, other than public streets or highways owned by a municipality, were subject to lien registrations just like any other privately-owned land. Effective October 1, 2019, liens no longer attach to any municipal lands, which means that registering a lien against municipally owned land is not an option.

Construction and Infrastructure Law, Student Forum

Confusion Surrounding the Transition Provisions of Ontario’s Construction Act: Should They Apply on a “Single Improvement” Basis?

  • December 09, 2019
  • Robert Kennaley and Josh Winter, Kennaley Construction Law

This article is a continuation of our previous article on gaps, confusion and inconsistencies in Ontario’s Construction Act. Here, we focus on the transition provisions which apply to the Act’s changes effective July 1, 2018 and October 1, 2019.

Construction and Infrastructure Law, Student Forum

Getting Adjudication Right: Early Issues and Opportunities for Improvement

  • December 09, 2019
  • Jay Nathwani, senior legal counsel, Crosslinx Transit Solutions Constructors, and John Margie, partner, Glaholt LLP,

Statutory adjudication of construction disputes in Ontario is in its early stages. Because of the section 87.3(4) transition provisions of the Construction Act (the “Act”), adjudication does not apply to most current contracts and subcontracts; but as new projects are bid, adjudication will gradually become the norm in the province.

Construction and Infrastructure Law, Student Forum