In January 2013, a Working Group of the Uniform Law Conference of Canada (“ULCC”) issued a Discussion Paper with respect to proposals for a new
A building contract usually includes a term requiring that the work or materials supplied adhere to the specifications. The contract may also contain implied or
The Queen’s Bench Court for Saskatchewan recently applied the Saskatchewan International Commercial Arbitration Act (SICAA) and the UNCITRAL Model law annexed to that Act and
The Ontario Superior Court recently decided two important issues relating to construction liens. In Wellington Plumbing & Heating Ltd. v. Villa Nicolini Incorporated, the court
The Supreme Court of Canada has recently refused leave to appeal in Trevor Nicholas Construction Co. Ltd. v. Canada. In doing so, it has upheld
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
Bonds and other forms of guarantees and indemnities are commonly used on construction projects. If a contractor applies for a performance bond, the bonding company
Is a party to a contract obligated to mitigate its damages at the same time that it is asking the court to order specific performance?
