No Notice, No Claim: Ontario Courts Uphold Strict Notice Requirements in Construction Contracts

No Notice, No Claim: Ontario Courts Uphold Strict Notice Requirements in Construction Contracts Key Takeaway Reading a construction contract and following its terms are paramount, as Ontario courts continue to lean towards strict compliance with respect to notice provisions in construction contracts. In Elite Construction Inc. v. Canada (Attorney General), the Ontario Court of Appeal […]

A Case Comment On: Caledon (Town) v. 2220742 Ont. Ltd. o/a Bronte Construction, 2024 ONSC 4555 – What it means for owners, contractors, and subcontractors

A Case Comment On: Caledon (Town) v. 2220742 Ont. Ltd. o/a Bronte Construction, 2024 ONSC 4555 – What it means for owners, contractors, and subcontractors Key Takeaway The Divisional Court confirmed that a single contract can cover multiple distinct improvements, and where those improvements were first procured at different times, they can be governed by […]

Tolling Agreements in Construction Contracts – A Practical Solution

Tolling Agreements in Construction Contracts – A Practical Solution Key Takeaway Parties should consider including tolling agreements directly in their construction contracts. Introduction The pressure of a statutory limitation period often drives the commencement of litigation or arbitration before either party wishes to do so, and often before the issue is properly ripe for final […]

Lessons Learned: Why Proper Record Keeping and Contractual Compliance Matter in Construction Disputes

Lessons Learned: Why Proper Record Keeping and Contractual Compliance Matter in Construction Disputes Key Takeaways Prepare your documentation before taking legal action: Contractors must have clear and organized records to support claims for unpaid invoices. Relying on inadequate field reports, timesheets, photographs, or uncredible oral testimony may undermine your case. Meet your contractual obligations: Failing […]