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


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

  • August 13, 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.)

Construction and Infrastructure Law, Student Forum

Adjudication under the Construction Act: Tight Timelines and Document Management

  • June 11, 2019
  • Howard Wise and Michael Richards, Goodmans LLP

The Construction Lien Amendment Act was passed in December 2017 and substantively changed the Construction Lien Act, now the Construction Act . Its primary purposes were to: (i) modernize the existing Construction Lien Act; (ii) provide prompt payment legislation throughout Ontario; and (iii) introduce adjudication provisions for disputes arising in the course of a contract.

Construction and Infrastructure Law, Student Forum

“Transforming” Tarion: An Update

  • March 13, 2019
  • Heather Michel, Glaholt LLP

On February 20, 2019, the Ministry of Government and Consumer Services announced that the Progressive Conservative government of Ontario intends to revive the previous government’s efforts to transform Tarion Warranty Corporation, and will also be implementing initiatives to better protect purchasers of cancelled pre-construction condominium projects.

Construction and Infrastructure Law, Student Forum

The Guarantee Company of North America v. Royal Bank of Canada: return (or revenge?) of the statutory lien trust

  • January 22, 2019
  • R. Brendan Bissell

In the Star Wars movies, there are points where the Jedi seem to have wiped out the Sith (or vice versa) only to find out that the other has come back to life. Stakeholders, lawyers and insolvency professionals who had seen, or hoped for, the end of the statutory construction lien trust after bankruptcy might be forgiven for feeling like that after January's Court of Appeal for Ontario decision in The Guarantee Company of North America v. Royal Bank of Canada.

Insolvency Law, Construction and Infrastructure Law, Student Forum

Amending the Amended Construction Act: Bill 57 Receives Royal Assent

  • December 14, 2018
  • Todd Robinson, vice-chair, Construction & Infrastructure Law Section Executive, Cassels Brock & Blackwell LLP,

Bill 57, An Act to enact, amend and repeal various statutes received Royal Assent on December 6. It amends over 45 statutes. Why should construction practitioners take note? Schedule 8 of Bill 57 amends the Construction Act, making further amendments to certain recent amendments implemented by the Construction Lien Amendment Act, 2017. The following summarizes the amendments to the amendments.

Construction and Infrastructure Law, Student Forum

Application to Delete Construction Lien – A Cautionary Tale

  • November 23, 2018
  • Brendan D. Bowles, partner, Glaholt LLP

A recent incident which came to light with a faulty registration in Teraview of an Order vacating a construction lien demonstrates that changes made in 2016 to the electronic registration regime are still subject to a “learning curve”.

Construction and Infrastructure Law, Student Forum