Case Review – Backyard XP Inc. v. Cesario-Valela, 2023 ONSC 6312
To have a just cause is to be in the right, but "technically right" is the best kind of right. Your timely reminder that statutes have regulations and regulations have bite.
Case Review – 1361556 Alberta Ltd. v. Ristorante Cosa Nostra Inc., 2023 ABKB 590
An Italian restaurant serves up a tale of betrayal and vengeance, featuring financial ruin, a wildfire, and untimely death. Even more interesting, a study of when exactly a landlord acquires liability for a builders’ lien.
Case Review – BSSD Excavating & Landscaping Ltd. v. Green Blvd. Construction Ltd., 2023 BCSC 1685
Can a lien be cancelled if it claims an unreasonable amount owed? Can s. 24 of the Builders Lien Act be used as a backdoor method of cancelling a lien? Are remedies under the Land Title Act available in a builders' lien action? Is there a price to be paid for asking these questions? The answers lie within.
Case Review – S3i Inc. v. Ecolomondo Environmental (Hawkesbury) Inc., 2023 ONSC 5071
A meditation on abandonment. Also a comparison of section 47 and rule 20 applications.
Case Review – Sjostrom Sheet Metal Ltd. v. Geo A. Kelson Company Limited, 2023 ONSC 4959
A stitch in time saves none (unless it's properly documented in accordance with the terms of the contract).
Case Review – 1936230 Ontario Inc. v. Hari Kaush Developments Ltd., 2023 ONSC 4718
In which a summary application goes from easy to nightmarish, and civil litigators encounter that most feared thing: the rules of evidence.
Case Review – Witmar Holdings Ltd. v. Stober Construction Ltd., 2023 BCSC 1378
In which the right to enjoy an afternoon beer on your rooftop patio is balanced against large economic losses to a construction company. The score at halftime? Beer: 1, Construction Company: 0.
How Much Weight Should be Afforded to an Adjudicator’s Decision?
Whose decisions are entitled to more deference, a consultant's or an adjudicator's?