Referral of Lien Actions to Small Claims Court January 10, 2023 Darina Mishiyev, Senior Law Clerk, Margie Strub Construction Law LLP Referral of lien actions to the Small Claims Court is a new process that is now available to the parties if the lien action is for an amount that is within the monetary jurisdiction of the Small Claims Court. The author created this very useful step-by-step guide that describes the transition of a lien action from the Superior Court of Justice to the Small Claims Court once the matter is referred to the Small Claims Court Deputy Judge.
New Guidance on Jurisdiction Arguments for Adjudications January 10, 2023 Chad Kopach, Partner at Blaney McMurtry LLP In this article, the author discusses the Divisional Court’s confirmation that adjudicators can determine their own jurisdiction, and the Court’s discussion on whether abandoning or terminating a contract means the contract has “ceased to exist."
Municipal Liability May Lurk in Historical Building Permits January 10, 2023 Gabriela Nagy, Senior Litigation Counsel - The Regional Municipality of York The author reviews how the Court of Appeal's recent decision in Breen v. Lake of Bays (Township) creates a cautionary warning to municipalities that issue building permits without conducting final inspections on buildings and the effects that this decision will have on future matters.
Adjudicating Adjudications: A Review of Case Law on Construction Act Adjudications from 2022, Lessons Learned, and Unanswered Questions January 10, 2023 Paul Conrod, Faren Bogach, and James De Melo of Construct Legal This article discusses three recent Ontario court cases in the developing area of Construction Act adjudications, as well as some unanswered questions and lessons learned from the cases and the authors’ own experiences with adjudications so far.
Golf Day and CPD on Liquidated Damages: A New Era of Reasonableness November 14, 2022 Brad Halfin and Edward Lynde An exciting update on the Ontario Bar Association (OBA) Construction & Infrastructure Law Section Golf Day held on September 30, 2022 as well as the continuing professional development session that followed.
Standard of Care in Conducting General Reviews of Construction November 14, 2022 Yasser Korany, PhD, PEng, PE, LEED AP, PMP and Joe Figliomeni, JD General reviews are a critical component of many construction projects. Professionals engaged to carry out a general review must observe sufficient aspects of the construction to enable verification that the work has been completed with approved plans. Failure to do so, may have negative consequences for the reviewing professional.
Ontario Divisional Court Further Clarifies the Role and Jurisdiction of an Adjudicator under the Construction Act November 14, 2022 Sahil Shoor and Michael Piaseczny Following the Court's decision in the SOTA Dental Studio Inc. case, the authors review the Divisional Court's treatment of the adjudicator's role and jurisdiction as set out in the interim adjudication provisions of the Construction Act.
Availability of Bond Rescission Shakes the Construction Industry November 10, 2022 Sahil Shoor, Jeramie Gallichan, and Fabiola Alvarez The Gowling WLG Waterloo construction team reviews the latest Ontario Court of Appeal decision of Urban Mechanical Contracting Ltd v Zurich, which creates significant implications for the bonding sector of the construction industry.
Construction Litigation Tips: Settlement Checklist May 16, 2022 Dan Fridmar, Fridmar Professional Corporation Settlements are always preferred to litigation, but it's important to note the following procedural steps when finalizing a settlement in construction lien litigation.
Joining Ontario Breach of Trust and Lien Claims in the Same Action – An Evolving Landscape May 16, 2022 Joshua Strub, John Margie, and Simren Sihota, Margie Strub Construction Law LLP An extensive review of the current and ongoing caselaw relating to whether or not a breach of trust action may be joined with a lien claim.