Breaking Ground: MT Construction Law Ontario Edition

Photo of a construction site, taken from the ground and facing the sky

December 9, 2021

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Agreements subject to environmental conditions: A cautionary tale

Michael McCluskey

A recent decision from the Ontario Superior Court of Justice provides a cautionary tale for those who engage in agreements subject to an environmental remediation condition. Background: 384130 Ontario Limited v. 520611 Ontario Limited In 2003, the plaintiff entered into...


Construction liens’ applicability to prefabricated modular buildings

Michael Arbutina, Catherine Phelps, Sabrina Lau

Construction liens are charges against interests in land and premises, and are governed by the Construction Act, RSO 1990, c. C30.[1] Construction liens provide contractors and other parties to the contract protection for payment for materials and/or services provided on...


Compliance with notice requirements critical in construction contracts with government owners

Michael McCluskey, Sabrina Lau

As previously discussed in our 2019 Article “Notice requirements in construction”,[1] the Canadian courts tend to favour strict compliance and interpretation of notice provisions in construction contracts, especially when they are clear and unambiguous. These requirements remain consistent and have...


Displaying 1-3 of 3