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 – Witmar Holdings Ltd. v. Stober Construction Ltd., 2023 BCSC 1378
August 15, 2023
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?
August 11, 2023
Whose decisions are entitled to more deference, a consultant’s or an adjudicator’s?
Case Review – Homes by DeSantis (Lake) Inc. v Sutton Forming Inc., 2023 ONSC 2628
July 17, 2023
Lessons Learned Preparation to dispute payment to a contractor should focus on ensuring that claims made by the owner agree with the owner’s documentary
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 – Homegold Resources Ltd. v. Jazz Resources Inc., 2023 BCSC 423
April 4, 2023
A tale of risk, ambition, and lies. Also featuring a gold mine in the mountains, Chinese-made mill motors, and the Builders Lien Act.
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
Alberta Court Rejects Assertion That The Mortgagee Was An “Owner” Under The Builder’s Lien Act
November 15, 2017
In Westpoint Capital Corp. v. Solomon Spruce Ridge Inc., 2017 CarswellAlta 580, 2017 ABQB 254, the Alberta Court of Queen’s Bench made a number of
A Subcontractor Recovers Against The Owner In Unjust Enrichment
August 22, 2017
A subcontractor who fails to register a construction lien faces an uphill battle in asserting a claim in unjust enrichment against the owner. That is
How Does The Loss Of A Chance Apply To Damages For Breach Of A Building Contract?
August 6, 2017
Construction law practitioners must keep their eyes and ears open to the evolving case law in other areas of the law. That case law may