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A lien is a powerful and convenient tool used to protect trade and material suppliers in the construction industry. However, despite the convenience of the lien remedy, it is very time sensitive and requires comparatively quick action. As such, it is imperative for contractors in the construction industry to understand the calculation of time associated […]

The Ontario Court of Appeal recently upheld a decision in Chen v Brookfield Residential (Ontario) Limited, 2022 ONCA 887, invalidating a home buyer’s Notice of Rescission, affirming that the buyer anticipatorily breached the contract and entitling the developer to retain the buyer’s deposit and seek damages. Chen, the buyer, entered into an agreement of purchase […]

This question was recently considered in the reported decision, Jasper Developments v. York Condominium No. 82, 2022 ONSC 768. By background, York Condominium Corporation No. 82 (“YCC 82”) had significant financial issues, and approved a special assessment of approximately $35,000 per unit to deal with urgent repairs. It was this special assessment which prompted the […]

Canada has imposed sanctions related to Russia under the Special Economic Measures Act,[1] the Export and Import Permits Act[2] and the Special Economic Measures (Russia) Regulations (the “Regulations”).[3]  The Regulations respond to actions by Russia that have impacted human rights and Ukraine’s sovereignty. On February 24, 2022, Canada strengthened the Regulations in harmony with measures […]

Lien Sheltering When an entity higher in the construction pyramid fails or refuses to pay those below it, this can cause a growing cascade of lien claimants. This is especially concerning, and costly, for those subcontractors providing services on a construction project with smaller lien claims. Fortunately a lien claimant can shelter their lien under […]

October 19, 2021, marked the long-awaited coming into force of the Ontario Not-for-Profit Corporations Act, 2010 (the “ONCA”), over ten years after it received Royal Assent in 2010. This proclamation initiated a three-year transition period for charities and not-for-profit corporations  subject to the ONCA to make any necessary changes to their governing documents to bring them into […]

It is undeniable that social media has transformed the way individuals interact with one another. In 2018, 64% of Canadians had a social media profile, 50% of whom were registered on more than one social media site.[1] Ontario has the highest number of social media users in Canada with 67% of residents using social media […]

Overview Canadian export controls are set out in several Acts, regulations, and policies. A central piece of Canadian legislation is the Export and Permits Act (the “EIPA”).[1]  The EIPA controls the export or transfer of certain goods, software, and technology where it is in the public interest to do so.  EIPA controlled goods, software, and […]

In our December 13, 2024 article, we outlined a series of changes to Alberta’s Prompt Payment and Construction Lien Act (“PPCLA”),[1] and the Public Works Act (“PWA”)[2] that will be implemented pursuant to Bill 30, the Service Alberta Statutes Amendment Act, 2024 (“Bill 30”). Our office also recently provided an overview of the changes under […]

In Canadian tort law, a duty of care requires a relationship of sufficient proximity.  That relationship is informed by the foreseeability of an adverse consequence of one’s actions, subject to policy reasons that a duty of care should not be recognized.  As such, Canadian law continues to follow the principles established by the UK House […]