Cost Savings and Profit-Sharing – Are They Lienable?
Cost Savings and Profit-Sharing – Are They Lienable? Key Takeaway Provisions which entitle a contractor to a share of the cost savings are separate and distinct from provisions which entitle a contractor to a share of profits.While profit-sharing arrangements do not give rise to lien rights, the Ontario Superior Court, in Dominus Construction Corporation v. […]
Priorities for Liens and Arrears of Prior Mortgages
Priorities for Liens and Arrears of Prior Mortgages Key Takeaway A recent decision of the Ontario Divisional Court clarifies that if a mortgage has priority over a lien, then so too will all arrears in interest, fees, charges, and expenses have priority over the lien, even if the interest, fees, charges, and expenses arise after […]
How documents may be given – Do you track history of registered mail?
How documents may be given – Do you track history of registered mail? A recent Ontario Superior Court case has highlighted the importance of tracking your registered mail. Under section 87 of the Construction Act, documents may be given by registered mail. In Quadform Ltd. v. Rock Con Forming Ltd.1, the motion judge set aside […]
Public-Private Partnerships and the Allocation of Risk
Public-Private Partnerships and the Allocation of Risk The allocation of risk in public-private partnership agreements is carefully balanced. That balance, however, can be easily disrupted in the wake of a worldwide pandemic. In a recent decision, Crosslinx v Ontario Infrastructure1, the Court tipped the scale in favour of the private sector—allocating pandemic risk to the […]