An earlier article on procedure and jurisdiction under the Construction Act discussed the various strict timelines to be followed when preserving and perfecting a construction lien. The date when [...]

The recent Court of Appeal decision in Kearns v Canadian Tire Corporation Limited examined when a settlement is enforceable in cases of mistake, specifically when a party executed Minutes of [...]

Significant changes to Ontario’s Construction Act were made in 2019, and many of them had the goal of preventing delays in construction projects. Because of the typical “tiered” structure in [...]

Ontario’s Construction Act sets out the steps that a contractor or supplier must take in order to first “preserve” and then “perfect” a construction lien – that is, to prevent it from expiring. [...]

The 2020 Court of Appeal decision of 2352392 Ontario Inc. v Msi, examined the issue of the necessary requirements for a valid notice of recession under Ontario’s Arthur Wishart Act (“Wishart [...]

Funds received or owing for a given construction project are deemed to be trust monies by s. 8.1 of the Construction Act, RSO 1990, c C.30. This section states that: All amounts, (a)  owing to a [...]

The Superior Court decision of T & C Holdings Limited v Booster Juice Inc. (2020 ONSC 1942) provides insight as to how the Court will determine the quantum of damages owing to a landlord upon [...]

Over the last century, our world has become substantially streamlined and automated in the context of how we obtain services—many businesses have gone online and opted to use automated bots to [...]

In 2017, the province of Ontario introduced legislation to modernize and restructure its construction lien regime, contained within the Construction Lien Act, which would be renamed the [...]

Two recent decisions from Ontario’s Superior Court of Justice and the Ontario Court of Appeal illustrate the scope of changes in processes and procedure that Courts in Ontario are making to [...]