One of the first issues that can arise in a dispute is whether arbitration or court proceedings must be pursued. The issue will often arise
An agreement to mediate is often found in arbitration and building contracts. Yet, the impact of mediation upon court or arbitral proceedings is uncertain. Does
A recurring issue in arbitration and construction law is whether an agreement to mediate is enforceable. That is because an arbitration or building contract may
The Ontario Court of Appeal recently dealt with the issue of what sort of representations amount to fraud, and what representations survive an “entire agreements”
Two recurring issues in construction law are the authority of agents and liquidated damages. The agency issue is this: if the principal is to be
The Ontario Superior Court recently decided two important issues relating to construction liens. In Wellington Plumbing & Heating Ltd. v. Villa Nicolini Incorporated, the court
What are the limits of the trust fund liabilities under the Construction Lien Act? Those liabilities do not just apply to a contractor or subcontractor
If an arbitration agreement states that there is to be no appeal from the award under the agreement, can a party seek judicial review on
On October 10, 2012, I gave a speech at an Advocates’ Society program. The program was entitled Arbitration is the New Black. My presentation focused
Canada has recently signed a Foreign Investment Promotion and Protection Agreement (FIPA) with the People’s Republic of China. Under the Agreement, a complaining investor is
