CONSTRUCTION
Construction is a highly complex, heavily regulated industry with myriad stakeholders involved in every project — including landowners, financial institutions, builders, developers engineers, construction companies and suppliers. All parties want a project to be completed on-time and within budget but with so many moving parts the potential for cost and schedule overruns is ever-present. Our lawyers understand this process and how best to move through it to achieve our clients’ objectives.
McMillan’s blend of industry-specific knowledge and unmatched litigation skills make our construction law practice one of the largest and most highly regarded and recognized construction law teams in Canada. Our construction lawyers understand the entire construction process from the RFP and tender process through completion and turnover and are deeply experienced in project financing, performance bonding, insurance and related issues. We represent our clients through arbitration processes, adjudication, mediation, and litigation at all levels of court. We are a leader in the resolution of P3 and other large-scale construction and infrastructure disputes, employing state-of-the-art technology and innovative business solutions to manage complex arbitrations and litigation on expedited schedules.
We specialize in drafting tenders and contracts, advising on security enforcement, counselling on zoning, variances and assessments and advising on risk allocation and management. We also advise on facilities management contracts and risk allocation in the Canadian Construction Documents Committee (CCDC) standard form contracts. When there is a breach of construction contract or laws that govern construction, we represent clients in litigation and arbitration proceedings related to defects, liens, delays, warranties and other construction claims.
INFRASTRUCTURE
Effective and efficient infrastructure is essential to maintaining our standard of living and economic growth, but government funding restraints and increased urbanization is pushing existing infrastructure to its limits.
Public and private sectors are joining forces through arrangements such as public private partnerships (P3s) to facilitate infrastructure growth. These financing schemes enable governments and quasi-governmental organizations to deliver on infrastructure projects while sharing the risk and responsibility. However, the financial arrangement propping up P3s are extremely complex, necessitating the counsel of an infrastructure law firm to create the partnership structures and risk-sharing agreements that allow each party to achieve their respective goals.
McMillan’s team is comprised of lawyers specializing in infrastructure law and how it governs civil infrastructure construction. With experience in the structuring and execution of major infrastructure projects, we provide a complete range of services including assistance with procurement, construction, financing, environmental review, community consultation, tax and regulatory issues.
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INSIGHTS (99 Posts)
April 30 Update: Amendments to Policy Statement 5 and Policy Statement 6- Extension of the Early Marketing Period in Response to COVID-19
This bulletin outlines the recently announced amendments to Policy Statement 5 and Policy Statement 6 by the Office of the Superintendent of Real Estate.
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Apr 30, 2021
Unscrambling the Egg: New Guidance for Assessing Concurrent Delay on Construction Projects
A recent Ontario court decision provides new guidance on how to assess responsibility for concurrent delays in construction projects.
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Mar 10, 2021
Emerging Competition & Data Privacy Issues for Real Estate Organizations
Changes to Canada’s privacy laws, developments with low-commission brokerages and changes to short-term rental regulations will impact real estate associations.
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Feb 2, 2021
The Quick and Dirty on Ontario’s New Excess Soil Regulations
A concise summary of Ontario's new excess soil regulation (O.Reg 406/19) and key takeaways for affected parties.
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Jan 25, 2021
Round 2: Ontario State of Emergency Again Restricts Construction
Essential construction activity during second state of emergency in Ontario.
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Jan 15, 2021
Can You Register A Builders Lien For Pre-Construction Services on a Cancelled Project? – Case Comment: Shelly Morris Business Services Ltd v Syncor Solutions Limited
Can You Register A Builders Lien For Pre-Construction Services on a Cancelled Project? – Case Comment: Shelly Morris Business Services Ltd v Syncor Solutions Limited
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Jan 6, 2021
Mandatory Vaccination Policies for Employees: Enforceable or a Shot in the Dark?
There are vaccines, and there will be (at some point) enough for everyone in Canada to receive it. But what happens if your employees refuse to be vaccinated?
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Dec 23, 2020
Sick, Lies, and Questionnaire: Arbitrators Uphold Terminations of Employees who Breached COVID-19 Safety Protocols
Two recent labour arbitration decisions held that attending work in breach of employer COVID protocols can lead to termination for cause.
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Dec 9, 2020
‘But to What Effect?’ The Supreme Court of Canada Clarifies the Anti-deprivation Rule in Chandos
The authors discussion of the Supreme Court of Canada's decision in Chandos Construction affirming the anti-deprivation rule and consider its implications
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Nov 16, 2020
No Longer the Wild West: Alberta’s New Prompt Payment and Construction Lien Act and What You Need to Know
No Longer the Wild West: Alberta's New Prompt Payment and Construction Lien Act and What You Need to Know
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Nov 9, 2020
Canada’s New Cybersecurity Certification Goes Live
The federal government has launched a voluntary CyberSecure program to help small and medium-sized organizations protect against cybersecurity threats
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Oct 13, 2020
Mandatory Indoor Face Coverings: What Ontario Employers Need to Know
Mandatory Indoor Face Coverings: What Ontario Employers Need to Know
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Oct 6, 2020
Expropriation of Contaminated Land and its Fair Market Valuation
Expropriation of Contaminated Land and its Fair Market Valuation
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Oct 5, 2020
Ontario Employers be Aware: New Mandatory Screening Requirements for Ontario Workplaces
Employers should take immediate steps to implement the new mandatory COVID-19 screening requirements for Ontario workplaces.
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Sep 30, 2020
British Columbia Modernizes Its Arbitration Act
The New Arbitration Act came into force on September 1, 2020 and this article explains its significant changes to the former Act, closing gaps and deficiencies.
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Sep 29, 2020
The Splintering of Canadian Insolvency Law: Quebec Court of Appeal Confirms Expiry of Provincial Notice Periods are a Pre-Condition to Appointment of a BIA Receiver
The Quebec court of appeal's ruling in Séquestre de Media5 Corporation has profound implications for the enforcement of secured creditor remedies in Quebec.
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Aug 6, 2020
Ontario Amends Employment Standards Legislation in Response to COVID-19
Ontario passes new protected leave of absence for employees impacted by COVID-19, and suggests COVID-19
cases should be reported as occupational illnesses.
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Aug 5, 2020
COVID-19 and Commercial Rents: The Court Decides. Amicable Resolutions are Recommended.
The Superior Court of Quebec decides a case about the effects of COVID-19 on commercial rents.
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Jul 24, 2020
COVID-19: July 22nd Update on the Impacts to Development Applications and Hearings
Status update (July 22, 2020) re: land use planning and municipal response to COVID-19 in Ontario; processing applications, appeals, and municipal closures.
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Jul 22, 2020
Understanding how these relationships develop through contractual language, the construction process itself, and the resolution of disputes positions parties to allocate risk effectively, build strong relationships, and complete projects successfully.
Jul 21, 2020
Ontario Superior Court of Justice Sends Ontario Construction Employers Back to the Drawing Board
The Ontario Superior Court of Justice provides guidance on enforceability of termination provision for Ontario construction employees.
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Jul 13, 2020
Construction Trusts Can Apply to Funds Received by CCAA Monitor: the Court of Appeal’s Decision in Urbancorp
There is good news from the Ontario Court of Appeal for contractors dealing with insolvent owners
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Jul 13, 2020
The LPAT and the New “Ontario Land Tribunals” Cluster
The New Ontario Land Tribunals Cluster and moving forward with hearings at the LPAT.
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Jul 6, 2020
COVID-19: July 6th Update on the Impacts to Development Applications and Hearings
Status update (July 6, 2020) re: land use planning and municipal response to COVID-19 in Ontario; processing
applications, appeals, and municipal closures.
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Jul 6, 2020
Construction through COVID-19 in Canada: A Guideline for what each Province and Territory is Doing
How each Province is managing the impact of COVID-19 by restricting construction activities, suspending litigation time periods and recommending H&S practices
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Jun 11, 2020
COVID-19: June 3rd Update on the Impacts to Development Applications and Hearings
Status update (June 3, 2020) re: land use planning and municipal response to COVID-19 in Ontario; processing applications, appeals, and municipal closures.
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Jun 3, 2020
Ontario Provides Employers with Temporary Relief from COVID-Related Termination Risks
Ontario introduces creative measures (O. Reg. 228/20) to the Covid-related temporary lay off dilemma.
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Jun 1, 2020
Privacy Penalties – Canadian Competition Bureau Wades Into Privacy Enforcement
Organizations operating in Canada are advised to immediately review their privacy-related policies and marketing to avoid false or misleading representations
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May 26, 2020
COVID-19: May 20th Update on the Impacts to Development Applications and Hearings
Status update (May 20, 2020) re: land use planning and municipal response to COVID-19 in Ontario; processing applications, appeals, and municipal closures.
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May 20, 2020
While the pandemic has certainly elevated everyone’s stress level, our present circumstances are forcing the industry to make quick adaptations as it rethinks attitudes and practices that were prevalent mere weeks ago.
May 14, 2020
COVID-19: May 13th Update on the Impacts to Development Applications and Hearings
Status update (May 13, 2020) re: land use planning and municipal response to COVID-19 in Ontario; processing applications, appeals, and municipal closures.
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May 13, 2020
Pandemic and Epidemic Events: Addressing the Risk in P3 Projects
Using the benefit of experience with the COVID-19 crisis to re-evaluate risk allocation for pandemics and epidemics in P3 projects.
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May 11, 2020
COVID-19: May 6th Update on the Impacts to Development Applications and Hearings
Status update (May 6, 2020) re: land use planning and municipal response to COVID-19 in Ontario; processing applications, appeals, and municipal closures.
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May 6, 2020
COVID-19: April 22nd Update on the Impacts to Development Applications and Hearings
Status update (April 22, 2020) re: land use planning and municipal response to COVID-19 in Ontario; processing applications, appeals, and municipal closures.
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Apr 22, 2020
How to Prepare for the Post-COVID-19 World of Construction
What construction industry stakeholders can expect in construction post COVID -19.
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Apr 20, 2020
COVID-19: April 15th Update on the Impacts to Development Applications and Hearings
Status update (April 15, 2020) re: land use planning and municipal response to COVID-19 in Ontario; processing applications, appeals, and municipal closures.
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Apr 15, 2020
Show Me the Money: Government of Ontario to Amend Emergency Order to Allow Release of Holdbacks
The emergency provision which had the unintended effect of preventing release of construction holdbacks is being reversed.
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Apr 10, 2020
Project Management Amid COVID-19 – The Triage
Best practices for construction project management during the COVID-19 pandemic, and other force majeure circumstances.
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Apr 8, 2020
COVID-19: April 7th Update on the Impacts to Development Applications and Hearings
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Apr 7, 2020
Holdbacks in the time of COVID-19: Potential Impacts of Emergency Measures on BC
The bulletin discusses British Columbia's temporary suspension of limitation periods and civil deadlines, and how this suspension could impact BC construction.
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Apr 2, 2020
This webinar will unpack and address the impacts of COVID-19 on the construction industry and how these impacts can be best managed.
Mar 31, 2020
Transport Canada Relaxes Mandatory Off-Duty Time for Truck Drivers Transporting Essential Cargo
March 24 2020 after consultation with the provinces an exemption was issued permitting trucking companies and drivers to exceed maximum on-duty and driving time
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Mar 30, 2020
COVID-19: March 30th Update on the Impacts to Development Applications and Hearings
Status update (March 30, 2020) re: land use planning and municipal response to COVID-19 in Ontario; processing applications, appeals, and municipal closures.
Read More
Mar 30, 2020
COVID-19: Alberta Government Announces List of Essential Services
Alberta's Government has published lists of essential services and non-essential places of business not permitted to
offer or provide services to the public.
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Mar 29, 2020
Can I Safely Release Holdback in Ontario After March 16, 2020?
The new Ontario Regulation suspending the expiry of limitation periods may stop the release of holdback pursuant to the Construction Act.
Read More
Mar 24, 2020
COVID-19: What is the Impact on Development Applications and Hearings?
Status update re: the land use planning and municipal response to COVID-19 in Ontario; processing applications, appeals, and municipal closures.
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Mar 23, 2020
Where the Restructuring Meets the Road: the Intersection Between Insolvency Proceedings and Construction Law
COVID-19 will strain the construction industry. This bulletin explores how insolvency and restructuring concepts interact with construction law.
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Mar 20, 2020
Defendants Beware: Courts May Be Hesitant to Dismiss Action for Delay even when Plaintiff Is the Major Contributor
Where defendants play even a small part in delaying an action from getting to trial, courts may be hesitant to dismiss a plaintiff's action for delay
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Mar 4, 2020
Lost in Transition: Working Through the Silence Surrounding Leasehold Interests in the Construction Act’s Transition Provisions
Lost in Transition - Working through the Silence Surrounding Leasehold Interests in the Construction Act's Transition Provisions
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Feb 27, 2020
Is Your Refrigerator Limitation Period Running? Maybe Not Where One Party Promises to Fix the Problem
Limitation periods will not run where a party assures another it will fix the problem between them, and that party reasonably relies on that assurance.
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Jan 7, 2020
Contact Information Posted on Websites Not Necessarily Up for Grabs
Investigation findings of the Office of the Privacy Commissioner highlight issues surrounding the use of personal contact information posted on websites
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Dec 19, 2019
Consultation Paper: Reform of the Builders Lien Act – Deadline for Comments from Industry Stakeholders is Fast Approaching
The bulletin describes the British Columbia Law Institute's recently published consultation paper on reform of the Builders Lien Act.
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Dec 13, 2019
Electricity Rebates for Multi-Unit Complexes in Ontario
Legal bulletin outlining changes to Ontario provincial government rebates for electricity consumers, including changes for multi-unit complexes.
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Nov 6, 2019
Real Estate Developments: Challenges and Potential Solutions
Real Estate Developments: Challenges and Potential Solutions.
Details
September 24, 2019 - 8:30 am to 1:30 pm ET
Employees’ Duty to Mitigate: Comparable Employment Does Not Mean Any Employment
The Ontario Court of Appeal has confirmed in a recent decision that an employee’s duty to mitigate following a without cause termination does not require the employee to accept a notably lesser position with the same employer.
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Jul 24, 2019
TOP TWELVE THINGS TO KNOW – New Canadian Trademarks Act June 17, 2019
On June 17, 2019 major changes to Canada’s Trademarks Act will come into force.
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Jun 4, 2019
Performance Bonds: The New Form 32 Under Section 85.1 of the Ontario Construction Act
What Project Finance Lenders Should Know
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May 1, 2019
Ontario Passes Amendments to the Labour Relations Act, 1995 and Employment Standards Act, 2000
Ontario Bill 66, the Restoring Ontario’s Competitiveness Act, 2018, received Royal Assent.
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Apr 15, 2019
Life is not Fair: Unsuccessful Proponent Admits Non-Compliance with RFP, But Sues Fairness Advisor Anyways
Modern public procurements, particularly in the public-private partnership model, typically involve a third party fairness advisor.
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Apr 12, 2019
Construction Law Seminar and Webcast: Ontario’s New Construction Act
Ontario’s new Construction Act is now in force – What does this mean for my business and what practices do I need to change?
Details
April 11, 2019 - 8:00 am to 9:45 am
“Disguised expropriation” issues in an era of large infrastructure projects
Participants will benefit from the advice of the panelists on the steps to be taken when facing public authorities and the compensation they can expect.
Details
March 22, 2019 - 7:45 am to 9:15 am
Performance Bonds: What Project Finance Lenders Should Know
As part of the performance security package for construction projects, project finance lenders (as well as project owners, landlords and government authorities) often require performance bonds from the construction contractor as security for the performance of the contractor’s obligations.
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Feb 28, 2019
Bill 57 – Clarity on When the New or Old Construction Act Applies
On July 1, 2018, the first portions of the new Construction Act (the “CA”)[1] came into effect. Section 87.3 of the CA contains transition provisions that state when the new or old version of the CA applies.
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Jan 23, 2019
Ontario Proceeding with Further Substantial Amendments to Workplace Legislation
Ontario has introduced Bill 66, the Restoring Ontario's Competitiveness Act, 2018, an omnibus bill that proposes changes to several statutes, the LRA and ESA.
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Dec 14, 2018
The Court of Appeal puts an End to ‘Jail on the Couch’ Sentences for Bid-rigging
Bid rigging and fraud in order to obtain public contracts will result in mandatory prison sentences when the contract is of high value.
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Nov 30, 2018
Ontario Proposes Major Changes to the Employment Standards Act, 2000
On October 23, 2018, the Government of Ontario has put forward legislation, titled the Making Ontario Open for Business Act, 2018 (Bill 47)
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Oct 26, 2018
Ontario to Make Major Changes to Employment and Labour Standards through the Making Ontario Open for Business Act
The Government of Ontario today introduced legislation to repeal several changes to the province's employment and labour standards legislation made through Bill 148.
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Oct 23, 2018
Retail Trade: Challenges, Evolution and Solutions
Retail Trade: Challenges, Evolution and Solutions.
Details
September 18, 2018 - 10:30 am to 2:30 pm ET
Anticipatory Repudiation in Real Estate Deals: Can You Terminate if the Other Party Will Breach the Agreement of Purchase and Sale?
Agreements of Purchase and Sale in real estate transactions typically state what happens when a party breaches its terms. However...
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Jul 6, 2018
Minimizing Risks Arising from the New Construction Lien Amendments
On July 1, 2018, the first set of amendments to the Construction Lien Act[1] (the "CLA") will come into effect. Although there are transition provisions
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Jun 19, 2018
Construction Law Seminar and Reception
Join us for an informative seminar where you will have an opportunity to network and learn more about the significant changes to construction law in Ontario starting in July and what impacts these changes will have on your business and the construction industry.
Details
May 16, 2018 - 4:30 PM to 6:30 PM
New Regulations Add Detail to the Construction Lien Amendment Act
Construction Lien Act changes including the introduction of a prompt payment regime, adjudication, existing holdback, lien preservation and perfection periods, bonding, and trust provisions
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Apr 27, 2018
‘Tis the Season – Ontario Government Introduces Bill Setting Minimum Pay Rates for Private-Sector Contractors on Government Contracts
'Tis the Season - Ontario Government Introduces Bill Setting Minimum Pay Rates for Private-Sector Contractors on Government Contracts
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Apr 20, 2018
Think twice before obtaining a labour and material payment bond – new liability for an old security
Filing away procured labour and material payment bonds without taking proactive steps to notify claimants of the bond's existence exposes owners to claims from unpaid subcontractors
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Mar 26, 2018
BC excavator’s court case takes a dig at municipal procurement policies undermined by the CFTA & CETA
Is the use of reprisal clauses (also called litigation exclusion provisions) in municipal procurement policies and tender documents about to hit rock bottom?
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Mar 21, 2018
Change is Coming to Ontario’s Construction Lien Act – What Do You Need to Know for 2018?
Construction Lien Amendment Act received Royal Assent and became law in Ontario. It represents a thorough modernization of the Construction Lien Act including amendments to the lien and holdback rules
Read More
Mar 1, 2018
Construction Law Seminar and Webcast
Learn more about the significant changes to construction law in Ontario and what impacts these changes will have on the construction industry.
Details
March 1, 2018 - 12:00 pm to 1:45 pm
Out with the old and in with the new: transitioning from Ontario’s old Construction Lien Act to the new Construction Act
An update to our December 2017 article, where some of the most significant substantive changes to the Construction Lien Act (the "CLA") are considered.
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Feb 14, 2018
What You Don’t Know About Copyright in Buildings Could Cost You, So Here’s What You Need To Know
A warning to those in architectural design, engineering, construction fields that copying a building design may lead to unpleasant consequences.
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Jan 30, 2018
The Kick that Got the Ball Rolling: Copyright in Architectural Works is Gaining Traction in Canada
There are few cases in which a plaintiff has succeeded in a claim that its copyright in an architectural work has been infringed.
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Jan 30, 2018
Ontario Court Provides Some Guidance as to Due Diligence in Health and Safety Charges
Ontario Court dismisses Occupational Health and Safety Act charge in work fatality finding that employer established due diligence in the circumstances
Read More
Jan 15, 2018
Ontario Files Regulations to Clarify the Implementation of Bill 148: Impacts for the Auto Sector, Construction Industry and Others
Ontario Files Regulations to Clarify the Implementation of Bill 148: Impacts for the Auto Sector, Construction Industry and Others
Read More
Dec 21, 2017
Winter is coming – and so is Ontario’s New Construction Act
Winter is coming – and so is Ontario's new Construction Act
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Dec 19, 2017
Not as unconscionable as some might think: Court of Appeal orders purchaser to forfeit deposit after failing to close real estate deal
Not as unconscionable as some might think: Court of Appeal orders purchaser to forfeit deposit after failing to close real estate deal
Read More
Dec 11, 2017
Ontario Divisional Court Affirms Use of Contractual Limitation Period in Guarding Against Third Party Claims
Ontario Divisional Court Affirms Use of Contractual Limitation Period in Guarding Against Third Party Claims
Read More
Oct 30, 2017
Rigging the Bid: Finding Fraud in a Regulated Setting
Rigging the Bid: Finding Fraud in a Regulated Setting
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Jun 30, 2017
Ontario Bill 148 What Does It Mean for Employers in the Construction Industry
Ontario Bill 148 What Does It Mean for Employers in the Construction Industry
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Jun 20, 2017
Ontario Introduces Bill 142, Construction Lien Amendment Act, 2017 – It’s Much More Than Just Liens!
Ontario Introduces Bill 142, Construction Lien Amendment Act, 2017 – It's Much More Than Just Liens!
Read More
Jun 6, 2017
No Security for Costs for Defendants With Trust Funds
No Security for Costs for Defendants With Trust Funds
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May 1, 2017
No Construction Liens on Foreign Government Land in Ontario
No Construction Liens on Foreign Government Land in Ontario
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Mar 1, 2017
Contractors May Be Liable in Breach of Trust Actions for Interest and Costs
Contractors May Be Liable in Breach of Trust Actions for Interest and Costs
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Feb 27, 2017
Subcontractors May Unknowingly Lack General Lien Rights
Subcontractors May Unknowingly Lack General Lien Rights
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Nov 3, 2016
Rolling Back Sattva: Appeal Courts Can Second Guess Contractual Interpretation
Rolling Back Sattva: Appeal Courts Can Second Guess Contractual Interpretation
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Sep 26, 2016
Make sure you follow the proper procedure if you want to claim for extras and delay costs
Make sure you follow the proper procedure if you want to claim for extras and delay costs
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Sep 15, 2016
No Margin for Error in Tendering Process? Recent BC Court of Appeal Decision Warns Bidders to Play by the Rules
No Margin for Error in Tendering Process? Recent BC Court of Appeal Decision Warns Bidders to Play by the Rules
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Jul 20, 2016
Subcontractors’ Breach of Trust Actions – Time May Be Shorter Than You Think
Subcontractors' Breach of Trust Actions – Time May Be Shorter Than You Think
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Apr 4, 2016
Purchasing Your Next Piece of Property With an iPad May Have Just Become a Reality
Purchasing Your Next Piece of Property With an IPad May Have Just Become a Reality
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Jan 15, 2016
Ontario Announces Major Plans for the Ontario Electricity Market and Creates Infrastructure Opportunities
Ontario Announces Major Plans for the Ontario Electricity Market and Creates Infrastructure Opportunities
Read More
Apr 21, 2015
General Damages for Mental Distress: Coming to a Contract Breach Near You?
General Damages for Mental Distress: Coming to a Contract Breach Near You?
Read More
Feb 24, 2015
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