Prompt Payment and Adjudication: They Are Here!
Prompt Payment and Adjudication: They Are Here! This article examines the purpose of the new proper invoice provisions of the Construction Act and when they apply. By Andrew J. Heal As of October 1, 2019, the long-anticipated Prompt Payment and...
Ontario’s New Construction Act: It’s Here!
Ontario's New Construction Act: It's Here! Andrew Heal On May 31, 2017, the Ontario government introduced Bill 142, “An Act to Amend the Construction Lien Act” and it recently passed third reading on December 5, 2017, and the new Construction Act...
Proper Invoice: What parties to a Construction Project Need to Know
Proper Invoice: What parties to a Construction Project Need to Know By Catherine DiMarco The new prompt payment provisions under section I.1 of Ontario’s Construction Act (formerly called the Construction Lien Act) are scheduled to come in to...
Impact of the new Construction Act: are you ready for it?
Impact of the new Construction Act: are you ready for it? By Andrew J. Heal As we’ve previously written, the Ontario government recently enacted amendments to the Construction Lien Act which were given Royal Assent on December 12, 2017. While on...
Assessing real property damages: The repair cost and the issue of betterment
Assessing real property damages: The repair cost and the issue of betterment Damon Stoddard In recent years, the value of real property in the Greater Toronto Area has increased significantly. In a rising real estate market, if a negligent act or...
Atos Case Comment
Case Comment: Atos IT Solutions v Sapient Canada Inc. By Andrew J. Heal This 2018 case is worth revisiting in 2019, as the Supreme Court of Canada dismissed an application for leave to appeal to the Supreme Court on March, 2019, without reasons and...
Hollowcore Inc. v. Visocchi: Delay Damages Caused by Engineer’s Professional Negligence Covered by Professional Liability Insurance
Hollowcore Inc. v. Visocchi: Delay Damages Caused by Engineer’s Professional Negligence Covered by Professional Liability Insurance By Philip Carpenter Introduction If there was ever a “must-read” list for court decisions involving engineering...
Case Comment:J. Lepera Contracting Inc. v.Royal Timbers Inc.
Assessing real property damages:The repair cost and the issue of betterment Sia Moshiri Overview In J. Lepera Contracting Inc. v. Royal Timbers Inc., [1] the Divisional Court of the Ontario Superior Court of Justice addressed two major issues in...
Iona Contractors Ltd. v. Guarantee Company of North America 2015 ABCA 240
Iona Contractors Ltd. v. Guarantee Company of North America 2015 ABCA 240 Andrew Heal [1] “Obviously, if everyone is solvent, nobody cares about trusts, secured interests or priorities. If everyone is solvent, nobody cares about builder’s liens...
Case Comment: Rockhill Construction Ltd. v Ottens
Case Comment: Rockhill Construction Ltd. v Ottens By Catherine DiMarco One interesting aspect of practicing construction law is finding a decision which appears to be narrow and straightforward, however, if one scratches the surface, one can often...