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

CM Callow Inc. v Zollinger: The Relevance of Good Faith in Terminating Construction Contracts

  • November 27, 2019
  • Bruce Reynolds and Nicholas Reynolds, Singleton Urquhart Reynolds Vogel LLP

The Ontario Court of Appeal in CM Callow Inc. v Zollinger, 2018 ONCA 896 (“Callow”) recently rendered a decision that could have important consequences for parties seeking to terminate commercial agreements. Specifically, Callow may have significant ramifications for the law of good faith in Ontario, and in particular with respect to the duty of honest performance first recognized in Bhasin v Hrynew, 2014 SCC 71.

Construction and Infrastructure Law, Student Forum

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

  • November 05, 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.

Construction and Infrastructure Law, Student Forum

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

  • October 19, 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.

Construction and Infrastructure Law, Municipal Law, Student Forum
Case Comment: Rockhill Construction Ltd. v. Ottens

Case Comment: Rockhill Construction Ltd. v. Ottens

  • October 19, 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.

Construction and Infrastructure Law, Student Forum

Smart Contracts and Blockchain Technology: Transformation of the construction industry

  • October 17, 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.

Construction and Infrastructure Law, Student Forum

ODACC Previews Five Ontario Adjudication Processes, Costs and Example Timeline

  • September 24, 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.

Construction and Infrastructure Law, 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

  • September 16, 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.

Construction and Infrastructure Law, Student Forum

Case Comment: Blake v. Blake, 2019 ONSC 4062

  • September 04, 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.

Construction and Infrastructure Law, Student Forum