Threshold test for leave to appeal an adjudicator’s decision under Ontario’s Construction Act
The Ontario Superior Court of Justice (the “Court”) confirmed in Anatolia Tile & Stone Inc v Flow-Rite Inc., 2023 ONSC 1291,[1] (“Anatolia Tile”) that when bringing a motion for leave to commence an application for judicial review of an adjudicator’s […]
Joinder of trust and lien claims: Can it be done?
In the recently released decision of Devlan Construction Ltd v SRK Woodworking Inc., 2023 ONSC 3035, the Ontario Superior Court of Justice (Divisional Court) determined that parties are not permitted to join a breach of trust claim with a lien […]
Door open for rescission of surety bonds despite potential impact to third parties
The recent decision of Urban Mechanical Contracting Ltd. et al v Zurich Insurance Company Ltd., 2022 ONCA 589 (“Urban”) has sent waves through the construction industry. In Urban, the Ontario Court of Appeal refused two applications seeking to overturn a […]
Trends for contractors to consider in preparing bids and tenders
As Ontario recovers from the COVID-19 pandemic, the construction industry is facing an unfamiliar economic landscape. With inflation at a 30-year high, a low labour force participation rate, and significant supply chain delays, contractors must revisit the risk allocation models […]
Prompt payments and adjudication are set to arrive in Alberta’s construction industry
Major changes could be coming for the construction industry in Alberta as new prompt payment legislation is being proposed. While other provinces have considered and implemented prompt payment and other changes to their lien legislation, Alberta is proposing its own […]
