In R & G Draper Farms (Keswick) Ltd. v. 1758691 Ontario Inc., the Ontario Court of Appeal recently held that an Ontario court has no
The recent decision in Advanced Explorations Inc. v. Storm Capital Corp. dealt with the question of whether an arbitral tribunal has the authority to decide
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
Competence-competence is a central principle of international commercial arbitration: the tribunal has the competence to decide its own jurisdiction. This principle is embedded in Article
Mediation seems like apple juice: no harm in taking it and it might do some good. But mediation has a trap: — the limitation period.
A continuing issue relating to property damage insurance is whether loss which is bound to occur due to an unknown fault or defect in the
In the recent decision in British Columbia v. Teal Cedar Products Ltd., the Supreme Court of Canada decided that compound interest could not be awarded
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
Most building contracts contain dispute resolution clauses which refer to arbitration. A dispute resolution clause can be mandatory – it can require arbitration – or
A pay when paid clause is one of the more contentious contractual provisions in the construction industry. That clause typically says that the subcontractor is
