In which a summary application goes from easy to nightmarish, and civil litigators encounter that most feared thing: the rules of evidence.
Lessons Learned A judge hearing an application for discharge of a lien pursuant to section 47 of the Construction Act does not have the enhanced
Lessons Learned Superior courts are confirmed to have jurisdiction to vacate a lien involving Crown land. Understand the implications of the statutory phrase “with
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
Construction 2425 Bayview Avenue in North York is situated in the middle of one of Toronto’s most desirable neighbourhoods. A previous developer of the
Lessons Learned 1. Contrary to Inesco, a 1986 decision of the Ontario Superior Court, school portables can constitute a lienable improvement in the right
Lessons Learned Do not assume that because a closely-related matter is working its way through the appellate courts that the limitation period in your
Lessons Learned Canadian courts and legislative bodies continue to promote efficient lien claims and protect them from the gravitational pull of pre-trial litigation sprawl,
Lessons Learned Take advantage of the intended efficiencies of builders’ lien procedure by cooperating with other lienholders and the court to streamline filings and
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
