Divisional court stresses the importance of procedural fairness when determining an adjudication, especially on the basis of dispositive issues that have not been pleaded
In Ledore Investments v. Dixin Construction,[1] the Ontario Divisional Court recently offered direction to both parties and adjudicators with respect to the conduct of adjudications under the Construction Act (“the Act”).[2] Under the Act, adjudicators possess a set of broadly […]
A cautionary tale on the necessity of strict compliance with contractual terms in construction agreements before refusing to proceed with work unless paid
Introduction The recent decision by the Ontario Superior Court of Justice in Campus Contracting Inc v. Torbear Contracting Inc., 2023 ONSC 6782 (“Campus v Torbear”) is a compelling reminder of the dangers associated with abandoning a construction project for non-payment […]
The Ontario Superior Court of Justice emphasizes the importance of document disclosure
In Premform Limited v. Heights Rental Construction Inc., 2023 ONSC 955, and in the context of a motion for directions and leave as required, Associate Justice Robinson of the Ontario Superior Court of Justice dealt with the admissibility of a […]
Ontario Superior Court provides clarity on the availability of lien rights in connection with pre-fabricated structures
In On Point Ltd. v. Conseil des Ecoles Catholiques du Centre Est et al, 2023 ONSC 1341, the Ontario Superior Court of Justice confirmed that the construction and installation of portable classrooms are “improvements” as that term is defined under […]
Ontario Superior Court provides insight on the legal characterization of holdback amounts concerning a project on First Nations lands
Case commentary – Northwest Angle 33 First Nation. v. Razar Contracting Services Ltd.et al., 2023 ONSC 1233 A recent decision of the Ontario Superior Court of Justice has provided useful insight into how a trust claim under the Construction Act, […]
Ontario Superior Court clarifies priority of construction lien claimants over building mortgages
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 […]
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 […]
