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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.
Learn morePradeep Siriskantharajan, Siri Law Group | March 25, 2026
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.
Learn morePractical Lessons for Construction Lawyers from Sayers Foods Ltd. v. Gay Company Ltd., 2026 ONSC 918
Brendan D. Bowles, Jessica Gahtan, John David Du Vernet – Glaholt Bowles LLP | March 25, 2026
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.
Learn moreKate Costin, Aird and Berlis LLP | March 24, 2026
Every lawyer who practices in administrative law has surely heard the warning that the tribunal at which they are about to appear is a “kangaroo court” – a disparaging remark used to describe a tribunal that lacks structure and rules, willing to admit any evidence, far outside the rigours of the civil court system. This article challenges this assumption. Based on the analysis contained herein, Tribunals do not “let everything in” or ignore the rules of evidence without justification.
Learn moreRecent Amendments to Ontario’s Construction Act
Balvinder Kumar, LLB, LLM, BK Law Professional Corporation | March 24, 2026
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.
Learn moreTop Five Artificial Intelligence Trends Shaping Canada’s Legal Landscape in 2026
Roland Hung and Laura Crimi | March 24, 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.
Learn moreA Cautionary Tale for Vehicle Co Owners: ONCA Rules One Owner’s Consent Binds All
Felisia Milana | March 20, 2026
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.
Learn moreIncreasing Police Presence in Ontario Schools
Jonathan (Yoni) Glasenberg | March 17, 2026
Recent amendments to the Education Act require school boards to work with local police services to provide access to schools prescribed circumstances. The Ministry of Education has proposed new regulations that detail the circumstances where police must be given access to participate in school board programming and to implement school resource officer programs. This article provides an overview of the Ministry’s proposal.
Learn moreS.R. v Matthews Hall Case Summary
Tania Kengatharan, Articling Student, Filion Wakely Thorup Angeletti LLP | March 17, 2026
In S.R. v Matthews Hall, 2024 HRTO 680 (CanLII) (“Matthews Hall”), the Human Rights Tribunal of Ontario (the “Tribunal”) awarded significant damages in favour of the Applicant family (the “Applicants”), who alleged discrimination contrary to the Human Rights Code, (the “Code”) and sought compensation from a private school (the “School”) and the Head of the School, along with other public interest remedies.
Learn moreDrawing the Line Between Loans and Income: Re Shaw Reins In Surplus‑Income Overreach
Maleeha Anwar, Chaitons LLP | March 16, 2026
The Ontario Superior Court’s decision in Re Shaw, 2025 ONSC 6385 clarifies judicial interpretation of “total income” in section 68 of the Bankruptcy and Insolvency Act (“BIA”). While the surplus income regime is a familiar feature of Canadian bankruptcy law, the treatment of loans advanced during bankruptcy has remained surprisingly underdeveloped in jurisprudence. In Re Shaw, the Court addresses this gap by drawing a principled distinction between true loans and income, and underscoring the importance of fairness and the trustee’s advisory role in the bankruptcy process.
Learn moreAdjudicate, Lien, or Both? Strategic Pathways in Ontario’s Evolving Regime
Sarah Naughton, Soloway Wright LLP | March 13, 2026
Adjudication under the Construction Act, R.S.O. 1990, c. C.30, has become an established mechanism for resolving payment and contract disputes, but recent legislative and regulatory changes have reshaped how it intersects with lien and trust remedies. Practitioners must now navigate a more nuanced landscape, weighing not only the timing and scope of adjudication but also whether it should complement or replace traditional lien proceedings. Decisions about pursuing adjudication, liens, or a combination of both require careful consideration of enforcement options, procedural efficiency, and cost, particularly where multiple invoices or complex disputes arise. This article explores the evolving framework, recent case law, and strategic considerations for practitioners for selecting the most effective pathway to protect client interests and maximize recovery.
Learn moreJean-Frédéric Hübsch, Section Newsletter Editor | March 12, 2026
To better understand why members of the OBA Child and Youth Law Section do what they do, I sat down with some section executive members to hear what brought them to child and youth law and why they volunteer with the Section.
Learn moreHuman Rights Tribunal of Ontario: 2025 Case Law in Review
Nicole Biros-Bolton | March 09, 2026
The year 2025 proved to be a defining one for human rights adjudication in Ontario. Significant judicial review decisions from the Divisional Court, notable findings of sexual harassment and sex-based discrimination, important rulings on pregnancy-related protections, and major procedural reforms have reshaped the landscape for practitioners and self-represented applicants alike. This article examines the key decisions and developments, with an eye toward what they mean for those navigating the system in 2026 and beyond.
Learn morePatrick Leger and Alexandra Son | March 09, 2026
The importance of the writ of habeas corpus cannot be overstated; predating the magna carta itself, it has been described by Adam Smith as the “great security against suppression," by William Blackstone as the “great and efficacious writ in all manner of illegal confinement," and by many more as the “Great Writ of Liberty." Habeas corpus requires a public authority detaining a person to bring them before a court to justify the legality of their detention; if the detention is found to be unlawful, the court must order their release. Expanding on the law of habeas corpus, the Supreme Court in Dorsey v. Canada (Attorney General), 2025 SCC 38 (“Dorsey”), found that a decision to deny an inmate a lower security classification can trigger the inmate’s habeas corpus rights.
Learn moreExceptional, Not Routine: Police Enforcement Orders Under Section 36(2) of the CLRA
Julia Marr, 3L at the Lincoln Alexander School of Law | March 07, 2026
In their letter to the legal profession, the Ontario Association of Chiefs of Police notes that orders under section 36(2) of the Children's Law Reform Act are meant to be “exceptional, time-limited remedies." The Association goes on to say that “police enforcement should be used sparingly.” Moreover, “recurring forced police apprehensions are not in the best interests of the child and should never become a long-term fixture in a child’s life to manage the parents’ behaviour."
Learn moreTransition from Law Student to Articling Student
Hanaa Ameer-Uddin | March 06, 2026
From the first day of law school many of us walk in with the same goal in mind: secure an articling position. We study into the night to get good grades, join student clubs and moot competitions, all in the hopes of standing out during interviews. But once you finally land your articling position, a new question arises, how do you actually prepare for the transition from law student to articling student? In this article I share my experience navigating the shift and offer practical advice for both students and supervising lawyers to help make the articling term a successful and meaningful one.
Learn moreSection Member Spotlight: Ryan Ejim - Why I help pro athletes find their post-retirement careers
Former pro basketball player and now corporate/commercial lawyer Ryan Ejim shares why he built a “Second Act” practice focused on helping professional athletes transition after retirement. Drawing on his own path from elite university basketball to overseas pro play, injury, and law school, he outlines the legal and structural planning athletes need to protect wealth, avoid predatory deals, and build sustainable careers beyond sport.
Learn moreFrom Delay to Disclosure: Reimagining the Discovery Process
Hamdi Abdo, Blaney McMurtry LLP | February 18, 2026
A fundamental shift away from traditional discovery has been brewing in this province via the Ontario Civil Rules Review. The latest proposal, released on December 15, 2025, suggests a transformation of discovery under the Rules of Civil Procedure.
Learn moreCanada's Latest Plastics Decision and What It Means for Your ESG Strategy
Tamara Farber, partner, Miller Thomson LLP | February 18, 2026
On January 30, 2026, the Federal Court of Appeal released a significant decision in Attorney General of Canada v. Responsible Plastic Use Coalition, 2026 FCA 17, reshaping the national conversation on plastics regulation and validating the federal government’s authority to list Plastic Manufactured Items as “toxic” under the Canadian Environmental Protection Act, 1999.
Learn moreResidential Tenancies Act - Overview of Common Issues Between Landlords and Tenants
Balvinder Kumar, LLB, LLM, BK Law Professional Corporation | February 18, 2026
The Residential Tenancies Act, 2006 (RTA) along with O. Reg. 517/06 (Maintenance Standards) and O. Reg. 516/06 (General) under the Residential Tenancies Act, 2006, came into effect on January 31, 2007, in Ontario. This Act is applicable to all landlords and tenants who rent residential properties in Ontario. It sets out their rights and responsibilities. The purposes of this Act are to provide protection for residential tenants from unlawful rent increases and unlawful evictions, to establish a framework for the regulation of residential rents, to balance the rights and responsibilities of residential landlords and tenants and to provide for the adjudication of disputes and for other processes to informally resolve disputes.
Learn moreSaskatchewan Joins the Regulated Fold: What Franchisors Need to Know
Sydney Greenspoon | February 18, 2026
It has been nearly a decade since a province has enacted franchise legislation in Canada, but Saskatchewan is set to change that. Its new The Franchise Disclosure Act, coming into force on June 30, 2026, and its accompanying regulations brings the province into the regulated fold, introducing statutory disclosure requirements for franchisors operating in Saskatchewan. While the regime largely mirrors the models found in other provinces, it introduces several distinctive elements that franchisors need to understand, changes that close a longstanding regulatory gap and create new national compliance considerations that franchisors should begin planning for now.
Mitchell Rose | February 13, 2026
The Civil Rules Review (“CRR”) was launched in 2024 as a joint initiative of the Chief Justice of the Ontario Superior Court of Justice and the Attorney General. The CRR’s mandate was to propose wholesale reforms to the Rules of Civil Procedure (the “Rules”) so that the civil justice system can be more accessible and to reduce costs and delays. A working group of lawyers, judges and academics was created to identify issues and create proposals (the “Working Group”). Following an earlier Consultation Paper, on December 19, 2025, the Working Group released its final policy report (the “Report”) to the public. Pages 176-183 of the Report relate to pre-trial procedure. In this article, I discuss the current procedure, the Working Group’s proposed reforms from the point of view of employment lawyers, and how these reforms, if implemented, may impact wrongful dismissal litigation in Ontario.
Learn moreParkland Dedication Regime: Not a Generalized Revenue Tool
Jessica De Marinis, TMA Law | February 13, 2026
In two recent decisions, the Ontario Land Tribunal confirmed that the individual and fact-specific context of an application factors heavily on the reasonableness of a condition requiring parkland dedication, or cash in lieu (“CIL”). These rulings make clear that parkland dedication is not a generalized revenue tool for municipalities and is not intended to be imposed on every proposal that could be classified as development or redevelopment.
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