January 6, 2023 The Termination or Abandonment of a Contract Does Not Mean It Has “Ceased to Exist” Printable PDF IntroductionLast April, Joshua Strub and Jaspal Sangha released an article on the Divisional Court’s decision in SOTA Dental Studio Inc. v. Andrid Group Ltd.[1] to dismiss an application for...
December 5, 2022 Referral of Lien Actions to Small Claims Court Printable PDF Lien actions cannot be commenced in Small Claims Court. Section 50(1) of the Construction Act (“Act”) specifies that a lien claim is only enforceable in an action in the Superior Court of Justice. However, litigating...
September 27, 2022 Dismissal of a Non-Lien Action Within a Lien Proceeding for Delay May be Harder Than You Think Printable PDF Key TakeawayFailure to set a lien matter down for trial within two-years may result in severe cost consequences and a dismissal of the lien action. However, if...
September 8, 2022 Entire Agreement Clauses – Understanding the Nuances of Surrounding Circumstances Printable PDF Key TakeawayParties 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...
September 1, 2022 Section 47 of the Construction Act Printable PDF Key TakeawaysThe 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...
August 25, 2022 Vexatious LawsuitS Printable PDF Key Takeaways Words of warning to lien claimants. The court in Lazi Ventures Inc. v. Carter[1] describes conduct that lien claimants should avoid or risk losing their claim for lien. First, a lien claim may be discharged, even if the lien...
July 25, 2022 A Dissolved Corporation May Lose its Lien Rights Printable PDF Key TakeawayFailing to comply with corporate administrative filing procedures, even failures arising through innocent mistake or inadvertence, can severely prejudice your lien rights. For example, a failure to pay corporate filing fees may result in...
June 28, 2022 Does a terminated contract “cease to exist”? Printable PDF Introduction On April 19, 2022, we released an article on the Divisional Court’s decision in SOTA Dental Studio Inc. v. Andrid Group Ltd.1 to dismiss an application for judicial review because of the applicant’s failure to comply...
April 7, 2022 Joining Ontario Breach of Trust and Lien Claims in the Same Action – An Evolving Landscape Printable PDF Introduction It was undisputed law under the Construction Lien Act (the “Old Lien Act”) that a trust claim could not be joined with a lien claim. After all,...
April 27, 2022 Alliance Contracting – A Collaborative Project Delivery Model Originally published in the Spring 2022 edition of the Construction Economist: https://www.kelmanonline.com/httpdocs/files/CIQS/constructioneconomistspring2022/index.html Printable PDF IntroductionImagine a large, complex, construction project which does not end with claims and disputes. It sounds oxymoronic. The construction industry is mired in disputes.The...