


Construction & Infrastructure
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 (172 Posts)
The EU’s New Carbon Border Adjustment Mechanism in Action: Impacts on Canada and Beyond
The EU's new Carbon Border Adjustment Mechanism will take effect on October 1, 2023. McMillan explores the CBAM and its implications for Canadian trade.
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Jun 5, 2023
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Don’t Wing It – Implications for Project Proponents under Canada’s Species at Risk Act
This bulletin discusses the application of the Species at Risk Act, a federal environmental statute whose potential impact on private parties is overlooked.
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May 31, 2023
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Bill 112: The Hazel McCallion Act, 2023 and Potential Impacts of the Proposed Dissolution of the Peel Region
On May 18, 2023, Ontario passed Bill 112 proposing the dissolution of Peel Region, and similar legislation could impact other regions in the near future.
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May 31, 2023
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Factors Considered by Courts When Appointing An Arbitrator: The Arbitrator Must be Ready to “Hit the Ground Running”
The decision of the ONSC in Van Doorn v. Loopstra Nixon, 2023 ONSC 1782 provides a helpful overview of a Court's considerations when appointing an arbitrator.
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May 2, 2023
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Ontario Seeks to Remove Barriers and Promote Inclusivity for Women on Construction Worksites
Ontario has taken a significant step forward to promoting the inclusion of women in the construction sector.
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Apr 26, 2023
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Major changes proposed to Quebec’s land use planning and development regime: focus on environmental impacts
This bulletin summarizes the proposed amendments to Quebec’s land use and development regime that have environmental implications.
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Apr 3, 2023
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Competing Claims for Construction Holdback – Whose Money is it, anyway?
The Court reviews the application of trust claims to construction projects on Federal lands, and illustrates the importance of a carefully drafted contract.
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Apr 1, 2023
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Canada’s Budget 2023: Compromise and Competition – Climate, Carbon and CCfDs
An update on Canada’s Budget 2023 and the future of carbon contracts for differences (CCfDs) in Canada.
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Mar 29, 2023
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Settlement Counsel – valuable addition to the dispute-resolution toolkit
Settlement Counsel is litigation counsel engaged for the sole purpose of resolving a dispute or settling a case.
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Mar 28, 2023
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Adjudication under the Construction Act: Court Confirms Test to Apply for Judicial Review a “High Bar”
Adjudication under the Construction Act: Court Confirms Test to Apply for Judicial Review a “High Bar” Anatolia Tile & Stone Inc. v Flow-Rite Inc. 2023 ONSC 129.
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Mar 15, 2023
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Court of Appeal Confirms Setting Aside an Arbitral Award is a “Tall” Order
The Ontario Court of Appeal decision in Tall Ships Development Inc. v. Brockville (City) illustrates when a Court will interfere with an arbitration award.
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Mar 8, 2023
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Canada Enacts New Reporting Requirements under the Greenhouse Gas Reporting Program
This bulletin highlights key new reporting requirements under the federal Greenhouse Gas Reporting Program.
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Feb 8, 2023
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Greening Procurement in Canada: New Implications for the Construction Industry and Beyond
Two new standards under Canada's Policy on Green Procurement impose greenhouse gas emissions disclosure obligations on federal departments and contractors.
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Feb 1, 2023
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A Foreign Affair at Home Not Abroad – Canada to Consult on the Merits of a Foreign Agent Registry
Canada announces that consultations on a possible "foreign agent registry" will begin soon. What is that and how is it different from a lobbying law?
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Jan 9, 2023
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Quebec Environmental Law : Overview of Key Developments to Follow in 2023
Environmental law has experienced a strong momentum in recent years and we expect that 2023 will be no exception. This short article presents some of the key developments to follow in this area in Quebec.
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Jan 6, 2023
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The Quick and Dirty on Amendments Impacting Low-Risk and Contaminated Projects Under Ontario’s Excess Soil Regulation
Phase Two of Ontario's Excess Soil Regulation which comes into force on January 1, 2023 was recently amended to narrow the scope of reporting requirements.
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Dec 21, 2022
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Developer Wins Case Against a Montreal Borough After it Refuses to Issue a Construction Permit in the Context of a Site Planning and Architectural Integration Program (SPAIP)
This bulletin discusses a recent decision in which the court found in favour of a developer who sued a borough in connection with an urban planning matter.
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Dec 7, 2022
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Ottawa LRT and the Future of P3s: Public (interest), Private (collaboration) & (meaningful) Partnerships
A summary of the Commission’s key recommendations arising from the Ottawa Light Rail Transit Public Inquiry regarding the public-private-partnership (P3) model.
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Dec 5, 2022
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News Flash: Generational Shift in Ontario’s Planning Legislation as the More Homes Built Faster Act Receives Royal Assent
As a further update to our earlier bulletins, Bill 23 has now received Royal Assent meaning that much of the More Homes Built Faster Act is in force.
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Nov 29, 2022
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Bill 23 Update: Revisions Proposed to Bill 23 Following Lengthy Second Reading
Ontario's most talked about piece of legislation, Bill 23, received some revisions from the Standing Committee prior to Third Reading.
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Nov 24, 2022
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Bill 39: The Province’s Newest Addition to the Tool Belt for Combating the Housing Crisis
In the latest move to address Ontario's housing crisis, the provincial government has proposed further changes to three key pieces of planning legislation.
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Nov 17, 2022
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Bill 23: The More Homes Built Faster Act, 2022, and the Proposed Amendments to the Greenbelt Plan and Oak Ridges Moraine Conservation Plan
Ontario's Provincial Government has proposed sweeping amendments to several Acts, Regulations, the Greenbelt Plan and the Oak Ridges Moraine Conservation Plan.
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Nov 16, 2022
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Montréal’s Sud-Ouest borough will start imposing a climate resilience factor for certain construction projects
This bulletin provides an overview of recent Sud-Ouest borough by-law amendments aimed at fighting climate change.
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Nov 9, 2022
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The Quick and Dirty on Ontario’s Proposed Amendments to the Excess Soil Regulation
Proposed amendments to Ontario's Excess Soil Regulation remove reuse planning requirements in low-risk projects and increase flexibility in excess soil storage.
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Nov 9, 2022
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A Zoning Amendment For Environmental Protection May Result In Disguised Expropriation
This article summarizes a recent decision regarding disguised expropriation arising from conservation rezoning.
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Oct 31, 2022
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Land Use Planning and BOMA Standards: Issues and Possible Solutions
McMillan’s Commercial Real Estate and Litigation & Dispute Resolution teams are offering a conference on a variety of current issues relating to real estate development and BOMA Standards.
Details
October 27, 2022
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Alberta’s Prompt Payment And Construction Lien Act In Force Since August 29, 2022: What You Need To Know (Consolidated)
Alberta’s Prompt Payment and Construction Lien Act in Force Since August 29, 2022: What You Need to Know (Consolidated)
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Aug 31, 2022
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August 2022 Update: Upcoming Deadline for Pre-Existing Owners to file a Transparency Report on the Land Owner Transparency Registry
The deadline for Pre-Existing Owners to file a transparency report on the Land Owner Transparency Registry will occur on November 30, 2022.
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Aug 24, 2022
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Developers Beware: Changes to O. Reg. 242/08 Under the Endangered Species Act and What They Mean for Projects Already Underway
Companies may be affected by updated requirements under the Endangered Species Act, including prohibitions on harming new species at risk and related exemptions.
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Jul 5, 2022
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Jurisdictional Battle Over The Environment Continues – Canada’s Impact Assessment Legislation Found Unconstitutional
On May 10, 2022, the Alberta Court of Appeal ruled that the federal Impact Assessment Act and related Physical Activities Regulations are unconstitutional.
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May 25, 2022
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Official Plan for Toronto 2051 – The Future of Toronto’s Planning and Development
Information on Toronto's invitation for landowners, residents and other stakeholders in the development industry to have their say on the next official plan.
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May 24, 2022
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We Have a DPA: Prosecutors Agree to Deferred Prosecution Agreement With SNC-Lavalin
Canadian prosecutors have for the first time agreed to a deferred prosecution agreement with a Canadian company.
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May 16, 2022
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Ontario Partially Suspends Implementation of Phase 2 of Excess Soil Regulation Until January 2023
On April 21, 2022, Ontario MECP announced temporary suspension of certain provisions in Excess Soil Regulation
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Apr 29, 2022
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Growth Funding Tools (“GFTs”) and the City of Toronto’s Recent Draft GFT By-laws
Growth Funding Tools (GFTs); City of Toronto publishes drafts of its new Development Charges, Community Benefits Charges, and Parkland Dedication By-laws
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Apr 20, 2022
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Alberta’s New Prompt Payment and Construction Lien Act: What You Need to Know Before August 29, 2022 (Consolidated)
A Primer and Comprehensive Overview of Alberta’s New Prompt Payment and Construction Lien Act. What You Need to Know Before August 29, 2022 (Consolidated)
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Apr 6, 2022
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Crosslinx v. Ontario Infrastructure: Turns out that notice means actual notice…
The Ontario Court of Appeal has again emphasized the importance of complying with contractual notice provisions when advancing construction delay claims.
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Apr 4, 2022
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Ontario Proposes to Postpone Implementation of Phase Two of the Excess Soil Regulation
Ministry proposes to delay implementation of Phase 2 of On-Site and Excess Soil Management Regulation from Jan. 1, 2022 to Jan. 1, 2023.
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Mar 15, 2022
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The Potential Impact of the Ukraine Conflict on Contracts Between Canadian and Russian Companies
Legal tools Canadian companies should seek advice on if they are no longer able perform contractual agreements because of the war in Ukraine
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Mar 8, 2022
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The Impacts of the On-Site and Excess Soil Management Regulation on the Construction Industry
Join Talia Gordner and Annik Forristal of McMillan LLP on March 3rd, for a discussion about the impacts of the On-Site and Excess Soil Management Regulation on the construction industry as we enter Phase 2 of Ontario’s new excess soil regime.
Details
Thursday, March 3, 2022
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The 2022 Construction Labour “Open Period” – What Employers Need to Know
March 1 – April 30, 2022 is the “Open Period” for ICI collective agreements, and many non-ICI agreements, in Ontario. During this period members of construction unions can apply to the Ontario Labour Relations Board to terminate a union’s bargaining rights with their employer, or – more commonly – a rival union can apply to the Board to displace an existing union, in what is commonly known as a “raid”. During the Open Period employers will likely see increased union activity on sites as incumbent unions will seek to maintain member support, and as rival unions may try to gather support for a raid.
Join us on Wednesday, February 2nd for a discussion about what employers should expect and need to know if a decertification application or a displacement application involving their employees is filed at the Board.
Details
Wednesday, February 2, 2022
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PropTech: Property Technology, the New Frontier in Real Property, Part 3: Challenges
In this bulletin, we discuss the risks and challenges of using PropTech by businesses in the real estate space and for consumers of such products.
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Jan 18, 2022
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Mandatory COVID-19 Vaccination Policy Upheld
An Ontario arbitrator upheld an employer's vaccine mandate for both a site where a 3rd party obligation existed and a related site with no such obligation.
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Jan 12, 2022
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Ontario Arbitrators Continue to Uphold Terminations of Employees who Breach COVID-19 Safety Protocols
A recent decision by an Ontario arbitrator further affirmed the notion that dishonesty during COVID screening protocols by an employee can lead to termination.
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Jan 12, 2022
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PropTech: Property Technology, the New Frontier in Real Property, Part 2: Benefits
In this bulletin, we discuss the benefits of using PropTech for businesses in the real estate space and for consumers of such products.
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Jan 11, 2022
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PropTech: Property Technology, the New Frontier in Real Property, Part 1: Introduction
In this 3-part series, we explain the concept of PropTech, highlight its benefits and outline associated risks.
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Jan 11, 2022
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The Quick and Dirty on Phase Two of Ontario’s Excess Soil Regulation
Phase Two of Ontario’s On-Site and Excess Soil Management Regulation took effect on January 1, 2022 introducing a new framework for excess soil in Ontario
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Jan 10, 2022
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City of Toronto Introduces Garden Suites
In this bulletin, we discuss the potential development of garden suites in the City of Toronto.
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Jan 10, 2022
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Update re: Adoption & Passing of City of Toronto Inclusionary Zoning Policy
An overview of the most recent updates to the Adoption & Passing of City of Toronto Inclusionary Zoning Policy
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Dec 21, 2021
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A Rock and a Hard Place: Owner, Employer, and Constructor Liability Under the OHSA
Ontario Court of Appeal - construction project liability under OHSA despite retaining a constructor responsible for health & safety.
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Dec 3, 2021
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Federal Court Denies Injunction to Suspend Federal Government’s Supplier Mandate
The Federal Court of Canada recently dealt another blow to those challenging workplace vaccine mandates when it denied an interlocutory injunction that would have suspended the implementation of the federal government’s COVID-19 mandatory vaccination requirement for suppliers.
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Nov 30, 2021
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You Can’t Get There From Here: Vaccination Mandates in the Transportation Sector
Federal government announces details of mandatory vaccination for air, marine and rail travellers
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Nov 29, 2021
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Construction Remedies On Public Projects: Alberta’s Public Works Act and Comparable Legislation in Other Provinces
This bulletin outlines the key requirements for contractors seeking payment under construction contracts with the provincial government in Alberta and elsewhere
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Nov 23, 2021
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Mandatory Vaccination Policy: “Reasonable, Enforceable”
A labour arbitrator upheld an employer’s mandatory vaccination policy, finding the policy to be reasonable and enforceable.
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Nov 11, 2021
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November 2021 Update: Extended Deadline for Pre-Existing Owners Filing a Transparency Report on the Land Owner Transparency Registry
On November 2, 2021, the deadline for Pre-Existing Owners to file a transparency report was extended from November 30, 2021 to November 30, 2022.
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Nov 8, 2021
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Privacy Commissioner Releases More Guidance for Video Teleconferencing Companies
Video teleconferencing companies face unique cybersecurity and data privacy risks. The OPC has new guidance on how these companies can best address them.
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Nov 3, 2021
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Making a Lot out of a Little – Laneway Housing a Niche Market Opportunity for Municipalities, Property Owners, Real Estate Developers and Investors
An overview of laneway suites / housing as means of adding to housing stock in Toronto and beyond.
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Oct 25, 2021
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Vaccination Mandates in the Construction Industry – What You Need to Know
An overview of vaccination mandates in the Construction industry and what you need to know.
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Oct 12, 2021
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Real Estate Litigation: Summer Highlights
Even in the summer months, the legal news does not let up. Here are some recent decisions and legislative developments as we head into the 2021 fall season.
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Sep 21, 2021
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Divisional Court confirms Environmental Significance of Ministerial Zoning Orders and Importance of Consultation under the Environmental Bill of Rights, 1993
Review of Divisional Court decision: Ontario’s compliance with Environmental Bill of Rights in passing Bill 197, particularly re: Ministerial Zoning Orders
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Sep 13, 2021
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Evidence of ESG in the Construction and Development Industry
An overview of ESG initiatives in Construction & Development; key information for those looking to implement their own ESG strategies
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Aug 18, 2021
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Watch as that Trust is Swept Away
Suppliers and subcontractors in the construction industry should be mindful of a recent unreported decision of the Ontario Superior Court of Justice.
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Jul 30, 2021
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City of Toronto’s Current Municipal Comprehensive Review Process
An overview of the City of Toronto's current Municipal Comprehensive Review Process; Request for Employment Land Conversion under the City's Official Plan
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Jul 14, 2021
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Masters and Clergy – Is the Clergy “Principle” No More?
An overview of a recent Ontario Divisional Court decision which weighs in on the legal status of the Clergy Principle.
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Jul 7, 2021
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Is Private Sector Privacy Legislation Looming in Ontario?
Ontario government seeks input on privacy policy proposals, signaling that Ontario private sector privacy legislation may be on the horizon
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Jul 5, 2021
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Amendments to the OHSA Consolidate Reporting Requirements for Workplace Accidents Effective July 1, 2021
The Ontario government introduced amendments to Regulations under the Occupational Health and Safety Act to consolidate accident reporting requirements.
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Jun 30, 2021
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Striking a Balance Between Major Facility and Sensitive Land Use Developments: A Discussion of Ontario’s New Land Use Compatibility Guideline
The Ontario Ministry of the Environment, Conservation and Parks has published the Land Use Compatibility Guideline to establish land use compatibility policies
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Jun 30, 2021
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Impending Implementation of Ontario’s Inclusionary Zoning Regime in Toronto and the GTA
An overview of inclusionary zoning policies and their impending implementation in Toronto and the GTA.
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Jun 25, 2021
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Registering Copyrights as They Arise May Improve Chances of Future Success at Trial
Companies consider registering copyright as a potential dispute arises, but recent case law shows this may not be the best course of action to enforce IP rights
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Jun 21, 2021
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June 2021 Update: British Columbia’s New Registry of Beneficial Ownership
Now that the Land Owner Transparency Registry is searchable by the public, it is important to understand the scope of its use, and its current limitations.
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Jun 14, 2021
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Canadian Privacy Commissioners Issue Joint Guidance on Vaccine Passports
Commissioners warn that privacy considerations must be “front and centre” as organizations develop and implement vaccine passports in the coming months
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May 25, 2021
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Crosslinx v. Ontario Infrastructure: Turns out the Pandemic is an Emergency…
The public sector’s hardline view of risk allocation in P3 contracts suffered a serious setback with the release of the Crosslinx decision.
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May 25, 2021
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Commercial Leases During the COVID-19 Lockdown: Where are we Headed?
Ontario has also passed legislation to protect commercial tenants.
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May 17, 2021
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Ontario’s New Excess Soil Regulations – Construction Contract Implications
Ontario’s new On-Site and Excess Soil Management Regulation, O. Reg 406/19 may impact existing and future construction contracts
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May 5, 2021
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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
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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
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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
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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
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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
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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
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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
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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
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‘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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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Managing Construction Risk in 2020 and Beyond – The Pursuit of Success and the Art of Avoiding the Train Wreck
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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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Construction after COVID-19: Finding new Coherence Amid a Shaken Industry
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
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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
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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
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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
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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
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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
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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
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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
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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
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COVID-19: April 7th Update on the Impacts to Development Applications and Hearings
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Apr 7, 2020
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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
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The Impact of COVID-19 on the Construction Industry: McMillan Answers Your Questions
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
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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
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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.
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Mar 30, 2020
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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
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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.
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Mar 24, 2020
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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“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
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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
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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
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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
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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
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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
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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
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Retail Trade: Challenges, Evolution and Solutions
Retail Trade: Challenges, Evolution and Solutions.
Details
September 18, 2018 - 10:30 am to 2:30 pm ET
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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
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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
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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
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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
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‘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
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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
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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
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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
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Mar 1, 2018
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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
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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
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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
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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
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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
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Jan 15, 2018
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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
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Dec 21, 2017
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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
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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
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Dec 11, 2017
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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
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Oct 30, 2017
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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
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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
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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!
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Jun 6, 2017
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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
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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
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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
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Subcontractors May Unknowingly Lack General Lien Rights
Subcontractors May Unknowingly Lack General Lien Rights
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Nov 3, 2016
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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
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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
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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
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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
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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
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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
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Apr 21, 2015
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General Damages for Mental Distress: Coming to a Contract Breach Near You?
General Damages for Mental Distress: Coming to a Contract Breach Near You?
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Feb 24, 2015
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