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Construction and Infrastructure Law

From programming and advocacy to peer recognition and relevant resources, OBA Section membership connects you with education, engagement and leadership opportunities to propel you to the forefront of your area of practice.

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Resources, Articles, & Advocacy

Article | June 09, 2026

Software and Copyright Ownership Issues in the Building Industry

Since the early 2000s, Building Information Modelling (BIM) has become an increasingly popular workflow process in the architecture, engineering, and construction industry (AEC industry). While the rise of BIM software has allowed greater efficiency and collaboration in the AEC industry, it has also given rise to questions regarding copyright ownership: Who owns the copyright in a BIM model? What rights do collaborators have to use and modify the information in a design made using a BIM model?

Article | June 09, 2026

Noting Contractors in Default: What ProDemnity’s Latest Guidance Means for Consultants in Ontario

On February 5, 2026, Pro-Demnity Insurance Company (the mandatory professional liability insurer for Ontario architects) published an article titled “Who Decides that a Contractor is in Default? A Guide for Architects” The message to architects administering construction contracts is unequivocal: under no circumstances should an architect make a determination that a contractor is in default or issue a Notice of Default. This is because a finding of default is, in substance, a legal opinion as to whether a contractor is in breach of contract – and architects are not in the business of giving legal opinions.

Legislative Update | June 05, 2026

Your OBA LegUp Policy and Legislative Update Week of June 1

Ontario Legislature Rises for 21-week Break: The Ford government ended its spring session two days early and has started an extended 21-week break. Government House Leader Steve Clark shared that politicians won’t return to Queen’s Park until Oct. 27 as returning earlier could “interfere” with local mayoral races around the province.

Article | June 03, 2026

Why Where You Post Legal Career Opportunities Matters More Than Ever

In hiring lawyers, context, credibility, and connection can shape better outcomes for employers and candidates alike.

Advocacy | May 29, 2026

Your OBA LegUp Policy and Legislative Update Week of May 25

Civil Rules Review Update: Attorney General Downey and Former Chief Justice Morawetz released a statement on the changes intended to be advanced in 2026.

Superior Court of Justice | May 28, 2026

Attorney General Downey and Former Chief Justice Morawetz Statement on Civil Rules Review

In 2026 the Attorney General’s office will be moving forward with a series of practical improvements aimed at addressing barriers that contribute to delay, complexity, and cost. The bar will be provided with advance notice of any approved amendments prior to their coming into force.

Article | May 27, 2026

Employment Law Meets Construction: ONCA’s Guidance on Mitigation

The Ontario Court of Appeal recently clarified that the burden of proof for the defence of mitigation is not limited to proving the plaintiff’s failure to take steps to mitigate. The defendant must also prove that mitigation opportunities were available and would have indeed mitigated the damage.

Legislative Update | May 25, 2026

Your OBA LegUp Policy and Legislative Update Week of May 18

Island Airport Cost: The Toronto Port Authority has said that the proposed Billy Bishop airport expansion would cost up to $5 billion dollars to complete. Ontario is proposed to take over Toronto’s role in the tripartite agreement that governs the land and has stated that the Federal government supports the expansion.

Legislative Update | May 15, 2026

Your OBA LegUp Policy and Legislative Update Week of May 11

Ontario Courts Virtual Training Sessions:  The Ontario Courts Digital Transformation Team is offering ongoing virtual training opportunities for members of the legal community on the Ontario Courts Public Portal (OCPP), beginning May 19, 2026, and running through September 2026.

Media Release | May 11, 2026

Ontario Justice Centres Honoured with OBA President’s Award for Transforming Access to Justice

Ontario Bar Association President, Katy Commisso, is recognizing Ontario’s Justice Centres with the association’s annual OBA President’s Award.