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.
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.
Amendments to Construction Act – Bill 57, the Restoring Trust, Transparency and Accountability Act, 2018 November 30, 2018 Lena Wang, Glaholt LLP On November 15, 2018, the Ontario Legislative Assembly introduced Bill 57, the Restoring Trust, Transparency and Accountability Act, 2018. If passed, this omnibus bill would amend the Construction Act, along with a number of other acts.
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”.
Changes to Ontario’s New Home Warranties Regime November 23, 2018 Heather Michel Change is coming to the regulation of builders and vendors of new homes in Ontario.
Case Review: Valard Construction Ltd. v. Bird Construction Co. 2018: The duty to disclose the existence of a bond to potential beneficiaries November 09, 2018 Maria Le Hunte A case that confirms that, in general, wherever a beneficiary would be “unreasonably disadvantaged” by not being informed of a trust’s existence, the trustee’s fiduciary duty includes an obligation to disclose the existence of the trust.
A Bargain Struck: Surety Bonds under Ontario's New Construction Act October 11, 2018 Andrew O’Brien and James Little An overview of the changes to the Construction Act in relation to the new bonding requirements and related Regulations.
Mind The Gaps: Top 5 Things Lenders Should Know About the New Construction Act September 14, 2018 Edward (Ted) G. Betts Broad, numerous and significant amendments to the Construction Lien Act (now called the Construction Act) came into force in Ontario on July 1, with more coming on October 1, 2019. These changes will bring about a real culture shift in the construction industry. Are lenders ready for it?
Will Failure to Comply with the Notice Provisions in a Contract Preclude a Contractor’s Claim? It Depends on the Facts June 06, 2018 Yonni Fushman The recent decision in Clearway Construction Inc. v. The City of Toronto, [2018] O.J. No. 1468 (“Clearway”), suggests that Technicore must be understood on its facts rather than standing for an inflexible principle.
Construction Legislation Reform in Canada – Prompt Payment May 10, 2018 Andrew J. O’Brien and Ted Betts In the last few years the momentum for change has grabbed hold of the construction industry in Canada, and pulled tight on the reins. Several provinces, as well as the federal government, have been grappling with the issue of prompt payment on construction projects, and trying to determine how best to incorporate the rights and concerns of the most vulnerable parties who are lower down the pyramid: the construction trades.