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
When does the limitation period start for an arbitration claim? Can the very making of the demand start the period running? Yes, the Ontario Court
A very recent decision of the Supreme Court of Canada has held that a court may properly dismiss an action arising from an international commercial
Most standard form building contracts provide for the incorporation of the main contract into the subcontract. For instance, GC 3.7.1 of the CCDC 2 Stipulated
Arbitration and court proceedings may be different, but can a party substantially change its position when it appeals from an arbitration award to the court?
In my article dated December 11, 2011, I reported on a decision of the British Columbia Supreme Court holding that demolition is not an “improvement”
A party to a contract may terminate the contract and then start an arbitration to confirm the validity of the termination. If the arbitral tribunal
A recurring issue for construction and builders liens is whether the liens have priority over mortgage advances. One question which does not often arise is:
When a contractor pays money into court to discharge a lien of a sub-contractor, can that money only be used to discharge that lien holder’s
The 2010 decision of the Supreme Court of Canada in Tercon Contractors Ltd v. British Columbia (Transportation and Highways) is one of the most important
