Construction lien claims: Takeaways from XPL Construction Solutions Inc. v. North Bay Capital Investments Ltd.A January 2023 court decision from Ontario, XPL Construction Solutions Inc. v. North Bay Capital Investments Ltd., dealt with a motion by the Defendant, North Bay Capital Investments Ltd. (“North Bay”), seeking an order to, among other things, discharge a... |
Section 47 motions under Ontario’s lien legislationA recent Ontario Superior Court decision from April 2022, Louis Jones Construction Ltd. v. Rocque, 2022 ONSC 2362, adds to the line of cases dealing with motions brought under Section 47 of Ontario’s construction lien legislation to discharge an expired lien.... |
Construction lien claims: Takeaways from Nova Concrete Inc. v. 2035211 Ontario Inc.Introduction An April 2022 Ontario decision Nova Concrete Inc. v 2035211 Ontario Inc., 2022 ONSC 2391 (which involved cross-motions and various layers of relief sought by the parties) outlines the importance of: the summary nature of construction lien proceedings; the... |
Divisional Court’s strict enforcement of the prompt payment and adjudication regimes under the Construction Act (Ontario)A recent decision from the Ontario Divisional Court suggests that applications for judicial review will likely fail when orders by an adjudicator under the Construction Act remain unpaid prior to an application for judicial review, and where no stay has... |
Can construction breach of trust and construction lien claims be joined?Introduction Determining legislative intent – or, at a more basic level, the current state of the law – when interpreting a statute can be difficult. When reading certain provisions of a statute, steps should be taken to, among other things,... |
The importance of a corporation’s (active and good) corporate status at the time of preserving and perfecting a construction lienA December 2021 Ontario court decision, 9727868 Canada Inc. (Plug & Play Solutions) v. Deltro Electric Ltd., 2021 ONSC 8182, serves as another chapter in a precautionary tale – there is little, if any, room for fairness or sympathy when... |
Legislative definitions and the relevance of a lien claimant’s status in the prosecution of the construction lien remedyIn an October 2021 Ontario Superior Court decision, Mahendran v. 9660143 Inc. et al. 2021 ONSC 6678, the Court ordered the discharge of a claim for lien in a situation where the lien claimant was held to be an owner... |
Rising construction costs as a result of COVID-19Background The COVID-19 pandemic has caused significant disruptions to the construction industry as a whole. Backlogs in supply, commodity pricing, local market disruption, and an increase in demand and labour costs, have all resulted in a significant rise in construction... |
Landlords and tenants: Navigating leasehold interests, liens and the Construction ActChanges to the Construction Act (formerly the Construction Lien Act) (the “Act”) include new provisions, which: expose a landlord’s interests in premises to liens arising from a tenant’s work where a landlord and tenant agree in a lease or any... |
COVID-19 and Construction ContractsReview your agreements, document project events encountered due to COVID-19, and respect contract (and notice) rights and time periods We are indeed experiencing unprecedented times. The potential legal impacts of COVID-19, including government measures taken in response to the pandemic,... |
The Construction Act: Prompt Payment and the Concept of Proper Invoice – Getting OrganizedOn December 12, 2017, the Construction Lien Amendment Act, 2017 became law and Ontario’s Construction Lien Act was re-named the Construction Act (the “Act”). While certain changes under the Act came into force on July 1, 2018, including the amendments... |
The Construction Act: Construction Lien Actions in the Small Claims CourtOn December 12, 2017, the Construction Lien Amendment Act, 2017 received Royal Assent. The Construction Lien Act became the Construction Act (the “Act”). Under the Act, effective July 1, 2018 and subject to the Act’s grandfathering rules, construction lien claims... |
The New Construction Act: Five Things You Need to Know by July 1, 2018On July 1, 2018, the Ontario Construction Lien Act will become the Construction Act (the “Act”). This name change reflects the broader scope of the legislation. Not only has the Act been revised, several entirely new sections have been added... |
Communicating with ExpertsAs evidenced by the recent case of Moore v. Getahun, the scope of permissible interactions between counsel and expert witnesses is a recurring issue that arises from time to time when experts are called to testify at trial. The Advocates’... |
