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).
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 – 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
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
Contract To Build A Building Contrary To A Building Bylaw Held To Be Illegal
December 12, 2017
In Nzeadibe v. Khan, 2017 CarswellBC 2251, 2017 BCSC 1456, the British Columbia Supreme Court recently held that a building contract was illegal and unenforceable
May A Party Terminate A Contract For “Fundamental Breach”?
June 28, 2017
In the recent decision in R.P.M. Investment Corp. v. Lange, 2017 CarswellAlta 770, 2017 ABQB 305, the Alberta Court of Queen’s Bench held that a
Owner Awarded Nominal Damages For Deficient Construction Not Affecting Market Value
March 8, 2015
What is the appropriate remedy when a contractor fails to build the building in accordance with the specifications but the deficiencies are not proven to
Contracts Must Be Honestly Performed Says The Supreme Court of Canada
December 2, 2014
In its recent decision in Bhasin v. Hrynew, the Supreme Court of Canada has established two fundamental principles for the Canadian common law of contract.
Who Is A Successor To A Contract?
March 30, 2013
Most commercial agreements contain a clause stating that the contract is binding upon and for the benefit of “successors.” For example, Article 10.1 of the
Does Inaction Amount To Acceptance Of A Repudiation Of Contract?
March 24, 2013
Can inaction by a party to a contract amount to an acceptance of the repudiation of the contract by the other party? That was the