Resources, Articles, & Advocacy
Article | March 25, 2026
The New Lien Right for the Supply of Design: Impact on Design Professionals and Owners
On January 1, 2026, several anticipated amendments to the Construction Act of Ontario (“CA”) came into effect including in respect of adjudication, proper invoices, and a new mandatory annual holdback release. A lesser talked about amendment has, for the first time since 2018,[1] expanded lien rights under the CA by creating a rebuttable presumption that those who supply pre-construction design services (“Design Professionals”) to a project before construction begins, can make a lien claim if an owner retains a holdback for their services.
Article | March 25, 2026
Construction Restrictions in Advance of FIFA World Cup 2026: Contractual Considerations for Delay and Risk Allocation
Toronto’s preparation for the 2026 FIFA World Cup has introduced traffic and mobility measures that include restricting or pausing construction activities along key corridors during the event period, potentially impacting contractual performance and project schedules. Public reporting indicates that construction affecting major routes may be limited between May and July 2026, with some projects being sequenced or temporarily paused to accommodate traffic management and event logistics, creating foreseeable, non-project-specific constraints. In certain cases, active works may be stopped and resumed following the tournament, with associated demobilization and remobilization costs and schedule impacts falling to be addressed under the applicable contract mechanisms.
Article | March 25, 2026
Practical Lessons for Construction Lawyers from Sayers Foods Ltd. v. Gay Company Ltd., 2026 ONSC 918
Ontario’s adjudication regime under the Construction Act was designed to provide rapid, interim resolution of payment disputes in the construction industry. Since the onset of statutory adjudication in 2019, the Divisional Court has been called upon with increasing frequency to delineate the boundaries of judicial oversight of adjudicators’ determinations. Sayers Foods Ltd. v. Gay Company Ltd., 2026 ONSC 918, is not only the latest notable Divisional Court pronouncement on statutory adjudication, but it also addresses matters of general importance beyond the Construction Act: allegations of fraud, delay claims, adjudicator bias and the treatment of evidence on judicial review.
Article | March 24, 2026
Recent Amendments to Ontario’s Construction Act
The Construction Act R.S.O. 1990, c. C.30, as we know today, originally came into force on March 1, 1983, as the Construction Lien Act. This Act laid the foundation of construction law in Ontario. The Construction Lien Act was amended and renamed as the Construction Act on July 1, 2018. The purpose of the Construction Act is to ensure protection of contractors, subcontractors and suppliers. It provides an efficient structure to protect them by securing prompt payment methods with strict deadline rules and resolving construction disputes through adjudication process.
Article | March 24, 2026
Top Five Artificial Intelligence Trends Shaping Canada’s Legal Landscape in 2026
Generative artificial intelligence (“AI”) is poised to reshape the Canadian legal and regulatory landscape in 2026. As the Canadian government explores the domestic regulation of AI and businesses race to leverage AI technology, Canadians will have to navigate a changing terrain defined by both opportunity and heightened risk. This article highlights five AI trends that deserve particular attention in the year ahead, from the evolving regulatory landscape and growing scrutiny of ownership of AI outputs to questions about authorship, privacy and liability related to the use and misuse of the novel technology.
Article | March 20, 2026
A Cautionary Tale for Vehicle Co Owners: ONCA Rules One Owner’s Consent Binds All
A powerful reminder for anyone sharing vehicle ownership. Consent from one owner can create liability for all. In Nowakowski v Campbell, 2025 ONCA 762, the Ontario Court of Appeal upheld a motion judge’s decision that a co-owner of a motor vehicle can be held liable for loss or damage caused by the negligent operation of the vehicle, even if they did not consent to a non-owner using it, so long as another co-owner did provide that consent.
Legislative Update | March 20, 2026
Your OBA LegUp Policy and Legislative Update Week of March 16
Pepper Spray: Ontario is calling on the Federal government to amend the Criminal Code to allow the use of pepper spray for self-defence. Currently, pepper spray designed for use on people is classified as a prohibited weapon.
