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
Canadian courts will generally over-rule a decision of a domestic arbitral tribunal only if the decision is “unreasonable.” What does this word mean? Is the
In Canada, there has been a controversy about appeals from stay motion decisions in the context of arbitration clauses. The issue is whether a decision
The priorities between lienholders and mortgagees under the Construction Lien Act are not easy to understand. They are even more difficult to understand and apply
The sheltering rights under the Construction Lien Act are fundamental protections for contractors, subcontractors and suppliers on a building project. But the definitions of
Whether an arbitration agreement requires, or only permits, arbitration is a continuing issue under arbitration law. In building contracts, this issue often arises when the
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
The last article about the decision of the Superior Court of Ontario in Envoy Relocation Services Inc. v. Canada (Attorney General), 2013 ONSC 2034 considered
The recent decision in Envoy Relocation Services Inc. v. Canada (Attorney General) certainly deserves the title of Mother of All Tender Cases. It is a
Not all requests for bids issued by an owner are the same. A request for bids that will be binding on the chosen bidder is
