Breaking Ground: MT Construction Law Ontario Edition

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

October 4, 2022

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Ontario Superior Court clarifies priority of construction lien claimants over building mortgages

Richard MacGregor, Michael Fazzari

The Ontario Superior Court of Justice in BCIMC Construction Fund Corp. et al. v. 33 Yorkville Residences Inc et al.[1] recently held that construction lien claimants are entitled to one holdback fund of 10%, regardless of the number of building...

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Divisional Court’s strict enforcement of the prompt payment and adjudication regimes under the Construction Act (Ontario)

Riccardo Del Vecchio, Michael Fazzari

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...

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Can construction breach of trust and construction lien claims be joined?

Riccardo Del Vecchio, Paul Guaragna

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,...

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