Can A Service Contract Create A Duty To Defend?
September 24, 2012
A clause obliging the insurer to defend an insured, or pay for the insured’s defence, is a well know feature of liability insurance policies. Recently,
When Does An Arbitral Limitation Period Commence?
August 28, 2012
An arbitration is usually considered to be a less formal type of dispute resolution than court litigation. For this reason it may be thought that
Does An Insurer’s Duty To Defend Apply If The Insured Complies With An Environmental Investigation?
August 17, 2012
The scope of an insurer’s duty to defend is a crucial issue in relating to any liability insurance policy, particularly those applying to building projects.
Is The Owner Liable For Delaying The Commencement Of The Building Project?
July 30, 2012
Time is money on a building project. And the obligation of the owner and the contractor to proceed expeditiously with the project may be one
When Is A Mediation Agreement Enforceable?
July 9, 2012
One of the most difficult issues in the law of alternative dispute resolution is whether a mediation clause creates an enforceable obligation. That issue has
May a Contractor Sue a Subcontractor When It Agreed With The Owner To Obtain Project Insurance?
July 2, 2012
One of the most difficult issues in Canadian construction law is the impact of insurance on claims between owners, contractors and subcontractors. There are two
Condominium Unit Owners Can Claim Common Elements Relief
June 25, 2012
Construction projects involve many participants and each of those participants may have a claim against other participants. Developers, immediate and subsequent purchasers, contractor and subcontractors,
What Are The Limits Of Competence-Competence For Arbitral Tribunals?
June 6, 2012
Competence-competence is now a foundational principle of the modern law of arbitration. According to that principle, an arbitral tribunal is competent to decide its own
Arbitration Clause Is A Separate Enforceable Agreement
May 24, 2012
What happens when an arbitration clause is contained within a commercial agreement that one party says never came into existence or is unenforceable? And what
No Appeals From An Arbitrator’s Interim Decision Unless It Is A Final Order
May 16, 2012
The Ontario Court of Appeal has recently considered whether any appeal may be taken from a decision of an arbitral tribunal which is made prior