Improvement v Premises: Northern Bulk Draws the Line
Improvement v Premises: Northern Bulk Draws the Line Key Takeaway The recent decision of 1499545 Ontario Inc. (Northern Bulk Logistics) v Construction Energie Renouvelable GP/S.E.N.C., 2025 ONSC 111, considered whether the claim for lien of Northern Bulk Logistics (“Northern Bulk“) and the lien of another lien claimant (i.e., Corbiere) related to the same premises. The […]
Disclosure Required When the Litigation Landscape Shifts
Adversary to Ally? Disclosure Required When the Litigation Landscape Shifts Practitioners must remain attentive to their disclosure obligations. Any settlement agreement (or partial settlement agreement) reached between some parties, but not others, that entirely changes the landscape of the litigation in a way that significantly alters the dynamics of the litigation must be disclosed to […]
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 […]
Not as Simple as Clicking Submit, Your Claim for Lien Isn’t Registered Until Certified
Not as Simple as Clicking Submit, Your Claim for Lien Isn’t Registered Until Certified Overview Until last year’s decision in Gay Company Limited v. 962332 Ontario Inc., 2023 ONSC 6023 (“Gay Company Limited“), many construction law practitioners may have believed that the “registration” of a claim for lien is complete once one submits the requisite […]
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 […]
The Evidentiary Use of An Adjudicator’s Determination
Vacating a Lien? Beware of Relying on an Adjudicator’s Determination Key Takeaways If you’re bringing a motion under s. 44(5) of the Construction Act to reduce or return security, an adjudicator’s determination alone is unlikely to satisfy the evidentiary requirements to be met. In the recent decision of Arad Incorporated v Arejali et al.[1], the […]
Considering the Jurisdictional Nuances of an Associate Justice’s Authority
Considering the Jurisdictional Nuances of an Associate Justice’s Authority Key Takeaway It is important for counsel to be mindful of the jurisdictional limitations of an Associate Justice’s authority when assessing where to bring your client’s motion. The expanded authority of a lien reference Associate Justice pursuant to section 58(4) of the former Construction Lien Act, […]
Avoiding Discovery Obligation Pitfalls
Avoiding Discovery Obligation Pitfalls Key Takeaways It’s important to comply with your production and discovery obligations when making decisions to exclude certain documents during the discovery process. Otherwise, your client may find themselves in a predicament before trial where leave from the court is required to rely on a document. Further, if the court allows […]
Entire Agreement Clauses – Understanding the Nuances of Surrounding Circumstances
Entire Agreement Clauses – Understanding the Nuances of Surrounding Circumstances Key Takeaway Parties entering into a written contract should be aware that if a dispute arises about contractual interpretation, the inclusion of an entire agreement clause in the contract will not prevent the court from considering evidence relating to the circumstances of the contract formation. […]
Section 47 of the Construction Act
Section 47 of the Construction Act Key Takeaways The decision of Infinite Construction Development Ltd. v Chen,[1] reviews the standard to meet to succeed on a motion to discharge a lien on the merits under section 47 of the Construction Act (the “Act”). The standard (or applicable legal test) is whether there is a triable […]