One of the difficult issues in construction law is the duty owed, if any, by the owner’s consultant to the contractor. In particular, does the
In Asco Construction Ltd. v. Epoxy Solutions Inc., the Ontario Court of Appeal recently held that the doctrine of mistake did not apply to an
In Sociedade-de-Fomento Industrial Private Ltd. v. Pakistan Steel Mills Corp. (Private) Ltd, the British Columbia Court of Appeal recently considered the use of a Mareva
Constructive trust claims are a natural for construction projects. Unpaid subcontractors and suppliers may have improved the land owned by or secured to the owner
In Swift v. Eleven Eleven Architecture Inc., the Alberta Court of Appeal recently considered the impact and scope of a limitation of liability clause in
What is something worth? And if it’s worth something to you, is it worth the same to me? Or is everything in the eyes of
The forfeiture of a deposit is one of the major tools for ensuring that contracts are performed. But there is a debate about whether a
We don’t usually think of the law of mistake as having any relevance in the 21st century. Mistake seems to be an 18th century problem
The last two articles have dealt with the recent decision of the Ontario Superior Court of Justice in Envoy Relocation Services Inc. v. Canada (Attorney
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
