Case Review – Sjostrom Sheet Metal Ltd. v. Geo A. Kelson Company Limited, 2023 ONSC 4959
September 5, 2023
A stitch in time saves none (unless it’s properly documented in accordance with the terms of the contract).
How Much Weight Should be Afforded to an Adjudicator’s Decision?
August 11, 2023
Whose decisions are entitled to more deference, a consultant’s or an adjudicator’s?
Case Review – High Performance Energy Systems Inc. v. Halifax (Regional Municipality), 2023 NSCA 16
May 15, 2023
Lessons Learned No decision better demonstrates the bow wave of unnecessary destruction and expense that expands in the wake of emotionally-fuelled squabbling. It destroys
Case Review – A.G. Clark Holdings Ltd. v. 1352986 Alberta Ltd., 2023 ABQB 219
April 27, 2023
Lessons Learned An affidavit’s attention to detail, backed by thorough documentary evidence in its accompanying exhibits, provides courts with the confidence to settle lien
Case Review – Nova Concrete Inc. v. 2035211 Ontario Inc., 2022 ONSC 2391
March 9, 2023
Introduction The Ontario Superior Court of Justice recently highlighted the importance of the summary nature of construction lien proceedings, and confirmed that delay can constitute
Case Review – Elite Construction v. Canada, 2021 ONSC 562
February 22, 2023
Elite Construction Inc. v. Canada serves as a stern reminder to construction contractors of the importance of abiding by contractual notice provisions.[1]Elite Construction Inc. v.
Do Section 23 Builders Lien Applications Exceed Masters’ Jurisdiction in BC? 2022 BCSC 287
February 25, 2022
The February 24, 2022 decision in Metro-Can Construction (PE) Ltd. v. Escobar[1]Metro-Can Construction (PE) Ltd. V. Escobar, 2022 BCSC 287. (“Metro-Can”) suggests that construction practitioners
Maintenance Work, Repair Work, Capital Repair Work, and Lien Rights in Canada
December 9, 2021
Introduction I often explain the difference between non-lienable maintenance and repair work on the one hand, and lienable construction work on the other, using the
The Duty Good Faith in Contractual Discretionary Powers – Dominus/Cityzen Brampton SWQRP Inc. v. The Corporation of the City of Brampton
September 14, 2021
The Ontario Superior Court of Justice (the “Court”) recently dealt with the question of what constitutes a breach of the duty of good faith contractual
Supreme Court Finds Contractor Has A Duty To Tell Sub-Subcontractors About The Existence Of A Payment Bond
April 26, 2018
In a much anticipated decision, the Supreme Court of Canada has recently held that a contractor which is a trustee under a payment bond has