Construction on First Nations Land: Determining the Applicable Building Code
Introduction As recognized by the Standing Senate Committee on Aboriginal Peoples, most on-reserve housing and infrastructure is poorly built, in serious disrepair and under-supplied.[1] This recognition has led to an increase in construction projects on First Nations lands, which will […]
Clarifying the “Trilogy” and the Covenant to Insure: Royal Host GP Inc. v. 1842259 Ontario Ltd.
Introduction In Royal Host GP Inc. v. 1842259 Ontario Ltd., 2018 ONCA 467, the Ontario Court of Appeal reversed the motion judge’s decision, clarified what is known as the “Trilogy” and allowed a landlord to advance a subrogated action against […]
Record Keeping: Document Retention Recommendations for Building Professionals
Introduction Practically speaking, it is often inconvenient and costly for building professionals to keep project files; understandably, they do not wish to retain files any longer than necessary. In British Columbia, the provisions of the Limitation Act, S.B.C. 2012, c. […]
Limitation of Liability Clauses: Are They Enforceable and Effective?
A frequent issue raised by design consultants is the extent to which they can limit liability for claims through limitation of liability clauses. Although such clauses are enforceable, recent case law raises questions as to their practical effectiveness. Enforceability of […]
