Intervention by Bonding Company
January 11, 2011
Bonds – Construction lien action – Intervention by bonding company: A bonding company which has issued a Form 15.1 bond in lieu of the land
Construction Lien action – Discovery Planning
January 11, 2011
Discovery planning is not necessarily part of a lien action since s. 67(2) of the Ontario Act mandates that interlocutory proceedings are not to be
Construction Lien Action-Security for Costs
January 11, 2011
Construction Lien Action – Security for Costs In a motion by the defendant to require the plaintiff in a lien action to post security for
Construction Lien Action – Summary Judgment
January 11, 2011
Leave to bring a summary judgment motion can be granted under s. 67(1) of the Ontario Act in a construction lien action; 6007325 Canada Inc.
Construction Lien Act – Improvement
January 11, 2011
January 2011 Construction Lien Act – Improvement: The Ontario Construction Lien Act has been recently amended to broaden the definition of “improvement”. That definition now
Unjust Enrichment
January 11, 2011
Unjust Enrichment–Construction lien action: A supplier cannot assert an unjust enrichment claim against an owner, particularly if the contractor has asserted a construction lien claim.
Unjust Enrichment-Construction lien action
January 11, 2011
Unjust Enrichment-Construction lien action: If a construction lien claim is struck down because the claim does not meet the technical requirements of the Construction Lien
Building Contract-Novation
January 11, 2011
Building Contract-Novation: Novation of a construction contract may occur if: the new debtor assumes complete liability; the creditor accepts the new debtor as principal debtor
Name of Lien Claimant-Strict Construction
January 11, 2011
Construction Lien Claim – Name of lien claimant-Strict Construction: When the owner consented to the amendment of the lien claimant to the name of the corporate
Trust Fund Claim by Supplier
January 11, 2011
Construction Lien Action- Trust Fund Claim by Supplier: In order for a trust fund claim to arise under s. 8 of the Ontario Act in