The “judicial review” that isn’t: Construction Act’s incorrect use of term creates confusion for courts, complication and expense for litigants
The “judicial review” that isn’t: Construction Act’s incorrect use of term creates confusion for courts, complication and expense for litigants When is “judicial review” not judicial review? When it’s judicial review of an adjudicator’s determination under the Construction Act. Why is it not judicial review? Because the drafters of the Construction Act used the wrong […]
Subcontractor lien rights expire by supply to the improvement, not the subcontract – Construction Law Letter
Issues with Annual Holdback Release and Lien Expiry on P3 Projects and Beyond
Issues with Annual Holdback Release and Lien Expiry on P3 Projects and Beyond Key Takeaways When is “judicial review” not judicial review? When it’s judicial review of an adjudicator’s determination under the Construction Act. Why is it not judicial review? Because the drafters of the Construction Act used the wrong term when they were otherwise […]
Liability for Flow-Through Claims: A Puzzling Aspect of Walsh v. TTC
Acting with Due Diligence as an Owner under the OHSA
Acting with Due Diligence as an Owner under the OHSA Key Takeaways The Ontario Superior Court of Justice recently provided insight into what steps an owner must take to establish a defence of due diligence and avoid liability under the Ontario Occupation Health and Safety Act, R.S.O. 1990, c. O.1 (“OHSA”).[1] Last year, the Supreme […]
Missed Providing Notice After Filing an Adjudication’s Determination
Missed Providing Notice After Filing an Adjudication’s Determination? It’s Enforceable Key Takeaway Section 13.20(3) of the Construction Act (the “Act”) requires a party filing an adjudicator’s determination to notify the other party of filing within 10 days. However, a recent decision of the Divisional Court has found that the failure to provide 10 days notice […]
Prompt payment gaps in the Construction Act Canadian College of Construction Lawyers Legal Update
Prompt Payment Gaps in the Construction Act
Holdback release for subcontracts, and after contract completion: two gaps in prompt payment
Holdback release for subcontracts, and after contract completion: two gaps in prompt payment In a recent article, I discussed a gap in the prompt payment provisions of the Construction Act related to P3s. In this article, I discuss two other gaps related to holdback release. First holdback gap: contractors, but not owners, required to release […]
Increased Liability of Owners Under the OHSA
Increased Liability of Owners Under the OHSA Key Takeaways Arguably the most important construction law case to reach the Supreme Court of Canada in years, R v Greater Sudbury (City) greatly expands the legal liability of an owner who engages a constructor on a project.[1] The Court’s decision establishes that owners who enter into a […]