Canadian Bar Association

Changes to the Ontario Construction Act —Adjudication and Prompt Payment Provisions Take Effect October 1

October 01, 2019
Brendan Bowles and Madalina Sontrop

In the year since its enactment, Ontario’s new Construction Act has already made a noted impact on the practice of construction law in the province. The amendments to the previous Construction Lien Act (CLA) were to be implemented in two phases:

Getting ready to take off: new rules to consider when using drones on construction sites

September 13, 2019
Katherine Ayre and Adrienne Ho

Drones have the potential to be valuable, cost-effective tools on a construction site.

When to make a claim during an ongoing construction project

June 20, 2019
Erin Cutts and Theron Davis

A party who has suffered a loss only has a certain amount of time within which to initiate a claim by way of litigation or arbitration. In Alberta, the Limitations Act, RSA 2000, c L-12 provides that a claimant must commence its claim within two years of when the claimant first discovered, or in the circumstances ought to have discovered, that it suffered an injury.

Prompt payment reforms: Spring update 2019

June 17, 2019
Andrew J. O’Brien and Ted Betts

Since our original article on prompt payment reforms across Canada was published in May 2018, there have been several developments across the country with prompt payment and construction lien act reform.

Alberta Court of Appeal clarifies test for summary judgment

May 02, 2019
Courtney Kachur and Josh Fraese

On Feb. 6, 2019, the Alberta Court of Appeal released its decision in Weir-Jones Technical Services Incorporated v Purolator Canada Ltd., 2019 ABCA 49, wherein a panel of five justices clarified the test for summary judgment1 in that province.

Are smart contracts the next big thing in construction?

April 25, 2019
Smart Contracts and other new technologies bring the promise of smart construction. The construction industry, like many other industries, can benefit from the use of smart contracts which can bring about the automation of performance, enhanced accuracy, efficiencies in streamlining processes and cost-savings. This article outlines what smart contracts look like today, how they work, why they may be beneficial, and how they may be used in the construction industry.

Maria Le Hunte

Trusts and bankruptcy: Finally, some certainty in the Construction Act

February 04, 2019
Andrea Lee and Markus Rotterdam

In January 2019, when the Ontario Court of Appeal released its decision in The Guarantee Company of Canada v Royal Bank of Canada, 2019 ONCA 9, a collective sigh of relief went up from parties seeking to enforce Construction Act trust rights in the face of an insolvency.

Case summary: B.C. court rules on banning bids from litigious contractors

January 16, 2019
Krista M. Johanson

J. Cote & Son Excavating Ltd. v City of Burnaby, 2018 BCSC 1491

Third-party arbitration funding: Should you get someone else to pay for your arbitration?

September 14, 2018
Courtney Kachur

Courtney Kachur of Rose LLP in Calgary takes us through the things you need to think about when drafting an agreement for third-party arbitration funding.

Construction legislation reform in Canada: Prompt payment

April 23, 2018
Andrew J. O’Brien and Ted Betts

In the last few years the momentum for change has grabbed hold of the construction industry in Canada, and pulled tight on the reins. Several provinces, as well as the federal government, have been grappling with the issue of prompt payment on construction projects, and trying to determine how best to incorporate the rights and concerns of the most vulnerable parties: the construction trades, who are lower down the ladder.

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