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Underpinning our major areas of expertise are highly specialized practice areas to serve the increasingly complex needs of our clients. Access the full range of expertise here:
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| Construction and Infrastructure - Resources |
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Bill 150: Green Energy and Green Economy Act, 2009
February 24, 2009
Green Energy and Green Economy Act, 2009 was introduced in the Ontario legislature. This legislation contains objectives related to the development of renewable energy projects and energy conservation measures.
Supreme Court of Canada Rules Owner in Tendering Process Owes No Duty of Care to Subcontractors
May 12, 2008
On May 8, 2008 the Supreme Court of Canada held that an owner in a tendering process does not owe a duty of care in tort to subcontractors.
Ontario Court of Appeal Rules Assembly Line Not Lienable
October 1, 2007
On September 27, 2007 the Ontario Court of Appeal held that the installation or repair of an assembly line that was portable and capable of removal from a building did not give rise to lien rights under the Construction Lien Act.
Supreme Court Rules Owner Not Obliged to Look Behind Tender
January 29, 2007
On January 25, 2007, the Supreme Court of Canada held that owners who solicit bids for a contract through a tendering process generally are not required to look beyond the contents of the bids received to ensure that ...
Ontario Amends Limitations Legislation: Tolling Agreements Revived
December 12, 2006
Recent changes to section 22 of Ontarios Limitations Act, 2002, will have a significant impact upon construction claims.
Landlord Exposure To Construction Lien Claims: Divisional Court Reconciles Conflicting Lines of Authority
December 5, 2006
Under Ontario’s Construction Lien Act (the Act), there are two sets of circumstances in which a landlord’s interest in its property may be exposed to a construction lien claim by a contractor retained by a tenant for a tenant ...
Removal of Reverse Auction Tendering From Federal Procurement Strategy
September 12, 2006
Federal Public Works and Government Services Minister Michael Fortier announces the removal of reverse auction tendering, in which bidders for federal contracts compete in live, on-line bidding competitions, from the...
Repeal of the Fairness is a Two-Way Street Act Levels the Playing Field
July 11, 2006
On Friday, June 30, 2006, the Fairness is a Two-Way Street Act (Construction Labour Mobility), 1999, was repealed, effectively ending special restrictions placed upon Québec workers and contractors who work, or ...
Podcast - Construction & Infrastructure
June 2006
 This audio report focuses on cross-border differences in Construction & Infrastructure Law, and features partners Robert Beaumont & Rocco Sebastiano of our Construction & Infrastructure Practice Group.
Do Liquidated Damages Represent the Maximum Recoverable Amount?
September 2005
A Supreme Court of Canada decision and another decision by the Ontario Superior Court of Justice suggests that absent express language to the contrary, the agreed amount stipulated in a liquidated damages clause may represent the maximum amount recoverable.
Construction Briefing - Spring 2005
March 21, 2005
The Briefing is a summary of key contruction law concerns. This issue discusses electronic documents, record retention policies, residency definition, and more
Electronic Documents in Construction Litigation: Why You Need a Record Retention Policy
March 21, 2005
The use of electronic evidence offers both challenges and opportunities. At the same time, it is providing litigants in construction disputes with new tools to ensure that no helpful stone...
Ontario Court of Appeal Rules on Residency Definition of the Fairness Is a Two-Way Street Act
March 21, 2005
Establishing the right test to determine whether an Ontario corporation is actually controlled by one in Québec is crucial to determining whether the former company will be eligible to work...
Ten Ways Owners Can Avoid or Mitigate Construction Risk
March 21, 2005
Successful risk management is both a mind-set and a process. This article presents several techniques involving both.
The Internationalization of ADR
March 21, 2005
A variety of alternative dispute resolution (ADR) techniques continue to gain currency internationally.
Building Successful Alliances in Project Financing
January 2005
This 30-page paper, presented at Insight's January 2005 3rd Annual Project Financing and Direct Lending Forum, describes the major players and types of alliances involved...
Breach of Trust Claims: Are You Prepared to Defend Yourself Against Them?
October 18, 2004
A proper accounting system that maintains trust funds for each project separate from general accounts is essential to a contractor's ability to successfully...
Breathing Life Into Lost Lien Rights
October 18, 2004
In circumstances that became "curiouser and curiouser," like Alice's Wonderland adventures, the Ontario government appeared to ignore years of case law and its own legislation to allow a discharged lien to be reinstated.
Canadian Court Examines Owner's Obligations in the Case of Non-Compliant Bids
October 18, 2004
The evolution of the principles of tendering law over the past 20 years have given courts a useful tool to help determine an owner's obligations in tender...
Construction Briefing - Fall 2004
October 18, 2004
Construction Lien Update
October 18, 2004
Hunter Douglas manufactured customized window blinds, and was the major supplier of blinds to Skyline Interiors for a number of years. When Skyline went...
Renovating Ontario's Building Code Legislation to Improve Building Department Service
October 18, 2004
Recent revisions to Ontario's Building Code legislation should improve municipal building department operations and public perception of the building...
Construction Briefing - Spring 2004
May 01, 2004
Mould in Buildings: A Growing Problem?
May 01, 2004
A ruling by a Texas court that awarded extraordinary damages to a plaintiff should concern the building, construction and insurance industries in Canada - even though...
Ontario Court Rules No Oath Required in Electronic Liens
May 1, 2004
The Ontario Superior Court's controversial decision will also make it easier to lien leasehold interests and, as a result, will be welcomed by contractors.
Using As-Built Data in a Delay Analysis
May 01, 2004
When the need arises to prove a cause-and-effect relationship between a delaying event and its adverse impact on the construction schedule, an analysis that draws on...
What Ontario's New Limitations Act Means for the Construction Industry
May 01, 2004
In addition to establishing defined limitations periods for bringing legal action, the new Act prohibits parties from varying or excluding these limitation periods, which could have wide-ranging consequences...
Electricity Conservation and Supply Task Force's Final Report Sets Out Comprehensive Policy Approach for Ontario
January 29, 2004
Task Force recommends new supply mix should reflect a balanced approach with new gas-fired peaking and intermediate capacity, expansion of renewable power...
Performance Bond Covers More Than “Bricks and Mortar” But Owner's Delay Negates Claim, Court Rules
October 24, 2003
A recent Ontario Court of Appeal decision indicates that the courts may hold sureties liable for the collateral obligations of principals beyond the physical construction of the work under...
Force Majeure Now a World-Wide Excuse for Contractual Non-Performance
August 8, 2003
Construction industry participants should understand the implications of force majeure and related terms as you'll encounter them in contracts.
Construction Briefing - Summer 2003
August 08, 2003
Construction Briefing - Summer 2003
Managing “Pass-through” Construction Claims
August 08, 2003
Allowing contractors to sponsor their subcontractors' pass-through claims could be a more efficient dispute-resolution method than requiring the latter to bring...
Osler Partner Named Governor of ABA's Forum on the Construction Industry
August 08, 2003
The Forum offers significant benefits to Canadian construction professionals of all kinds, including networking opportunities, learning events...
Up! Cash-in-lieu Payments on the Rise
August 08, 2003
Shania Twain is not the only one singing "Up!" these days. Municipalities watching the case law on cash in lieu of parkland know that if you're a developer...
A Look at the U.K.'s 'Delay and Disruption Protocol'
March 12, 2003
A recommendation to adopt time-impact analysis as the favoured method for measuring the impact of delays in U.K. construction projects seems to neglect the fact that it's not...
Construction Briefing - Winter 2003
March 12, 2003
Owner Not Entitled to Rely Upon Privilege Clause to Accept Non-Compliant Bid
March 12, 2003
A recent Ontario case shows that owners will be wise to minimize the potential for conflict between privilege clauses and other contractual provisions and confirms that contractors...
Pre-Qualified Bidders Challenge Owner's Privilege Clause
March 12, 2003
A recent decision of the Ontario Superior Court of Justice reveals the impact that pre-qualification procedures can have on the tendering process.
Recent Ontario Construction Lien Decisions of Note
March 12, 2003
Base Controls Limited v Bennett + Wright Group Inc et al Master MacLeod's recent decision in Base Controls Limited v. Bennett + Wright Group Inc. et al arose
Standard-Form Architect's Agreement Revamped
March 12, 2003
Architects, owners and other parties who use the new Document Six should take a closer look at its new provisions and ensure you accurately set out your respective expectations...
Canada Joins Efforts to End Corrupt Practices in International Construction
November 11, 2002
Canadian companies without anti-bribery policies and compliance programs in place should act now to ensure their organizations? practices are brought into line with the new Canadian law.
Conditional Letter-of-credit Performance Guarantees
November 11, 2002
Contractors and developers who pursue infrastructure project opportunities in foreign jurisdictions, particularly less-developed countries, need to assess carefully the risks in...
Construction Briefing - Fall 2002
November 11, 2002
New Developments: Reverse-auction Tendering in Canada
November 11, 2002
While advocates of this new bid-procurement method favour its increased efficiency and say owners get more competitive pricing, the Canadian Construction Association...
Partnering Obligations in Construction Contracts
November 11, 2002
Canadian developers and contractors are finding that formal partnering arrangements can help to ensure good working relationships during a project. But are partnering...
Why Not All "Illegal" Contracts Are Illegal
November 11, 2002
An Ontario court has confirmed that if a contract is not intrinsically illegal then it should be enforced.
Construction Arbitration Under the International Chamber of Commerce Rules
July 02, 2002
The ICC's International Court of Arbitration provides a unique forum for parties in international construction disputes to have their differences resolved fairly, economically and expeditiously.
Construction Briefing - Summer 2002
July 02, 2002
Construction Disputes: Those 'Lawyers' Letters'
July 02, 2002
When tempers rise and letters between the involved parties' lawyers begin to fly, it's now more important to take care with the content of these letters ? and who gets copies.
Construction Opportunities for Canadian Companies As Beijing Prepares for 2008 Olympics
July 2, 2002
With a budget of US$22 billion for sports venues and related infrastructure projects, the Beijing Games are attracting great interest from international construction, design, consulting and technology suppliers.
Employing Pre-Arbitral ADR Techniques with Conditional Letter-of-Credit Performance Guarantees: Part 1
July 02, 2002
If recent developments lead to greater use of this kind of performance guarantee in North America, will contractors be able to insist that some conditions be attached to...
Measuring Damages for Design Professionals' Liability
July 02, 2002
Although not greatly explored in Canadian case law, the general principle in determining design professionals' liability is that the owner should only recover damages that...
The Engineer's Field Review: Why Timing Is Critical
July 02, 2002
A recent decision of the British Columbia Supreme Court should heighten awareness of the obligations of an engineer for construction field reviews.
Can Damage Awards Be Reduced by Other Funds?: U.S. and Ontario Cases Raise Key Issues
February 26, 2002
Lawyers for victims of the September 11 terrorist attacks were closely watching the outcome of a New York trial in which a construction company's counsel argued that damages for...
Computing a Contractor's Fixed Overhead: What's the Right Formula?
February 26, 2002
When a contractor is entitled to compensation for delay, it's important to use the right formula to identify the portion of home-office costs you need to recover.
Construction Briefing - Spring 2002
February 26, 2002
Landlord Not Exposed to Lien for Tenant Inducements
February 26, 2002
An Ontario case suggests that a landlord won't necessarily be found to be an "owner" under the Construction Lien Act, merely because the landlord contributed to the cost of a tenant's renovations...
Ontario Decision Clarifies Material Suppliers' Entitlement to Lien Remedy
February 26, 2002
A recent Ontario Court of Appeal decision should bring more consistency to cases determining whether material suppliers will be eligible for the protection provided by the powerful construction lien remedy.
Recent Construction Lien Cases
February 26, 2002
Court Upholds Lien for Extended Duration "Damages"
Will Developers Be Enticed by Ontario's New Brownfields Law?
February 26, 2002
The new Brownfields Act's limited protections and financial incentives may not carry enough weight in developers' cost-benefit analyses to clean-up and re-develop contaminated Ontario lands.
Québec Brings in Changes to Securities Resale Rules
January 18, 2002
The new Québec rules harmonize private placement hold periods with those recently made applicable to qualifying issuers in other parts of Canada.
Landlord held in breach of Trust Fund Obligations
January 09, 2002
The Ontario Court of Appeal has decided that Westcola's use of the rent money to pay for the operating expenses of a commercial building was a breach of trust under the Construction Lien Act...
Contractor Defamed by Owner's Son Wins $50,000 in Damages
November 1, 2001
In Lapointe v. Summach, the judge found that it was the owner's son, who was "supervising" construction, who caused most of the huge cost overrun and delays, not the contractor.
Dispute Review Boards Prove Valuable in Reducing Construction Litigation
November 1, 2001
Proponents say that these panels of objective industry experts not only resolve construction disputes faster than litigation, they help owners, contractors and other parties avoid disputes in the first place.
Meeting Requirements for Pre-Start Health and Safety Reviews in Ontario
November 01, 2001
Owners of factories will want to ensure that consultants hired to design new or modified structures commit to complying with Ontario's Health and Safety Review requirements as well as...
Owner Found Liable for Bad Faith Dealings
November 01, 2001
A recent court ruling in Ontario demonstrates that an owner cannot get away with making explicit verbal representations that modify provisions in its formal bid documents - and then fall back...
Third-party Claims in Lien Actions: A Recent Ruling to Note
November 01, 2001
In Domus Development Corporation v. York Condominium Corporation No. 82 (see Kirsh's Construction Lien Case Finder, Case No. 56.10), an owner brought a motion for leave to add the owner's consultant as...
Updated Schedules Aid in Construction Management
November 01, 2001
Keeping a current and accurate project schedule not only helps contractors identify unforeseen delays and costs more quickly; it can also be great evidence for your defence in the event of...
An Update on the PDC 3 Decision
May 15, 2001
In the Winter 2001 issue of Construction Briefing, Harvey Kirsh reported on the decision in PDC 3 Limited Partnership v. Bregman + Hamann et al, in which the Ontario Superior Court held...
Atomic Energy of Canada Lands Not Subject to Construction Liens
May 15, 2001
The decision vacating Comstock's lien against Atomic Energy of Canada confirms that "immunity" from construction liens extends to federally regulated enterprises.
Construction Lien Highlights
May 15, 2001
In Ontario, every claim for lien must be verified by an affidavit of the person claiming the lien, or by his agent or assignee. The 1982 Report of the Attorney-General's Advisory Committee on...
Contractor Imprisoned for Swearing False Statutory Declaration
May 15, 2001
If, as one lawyer recently alleged, it's common practice for contractors to swear false statutory declarations, then many may be risking a prison sentence...
Electronic Registration of Construction Liens in Ontario
May 15, 2001
Registering construction liens should be easier and faster with the rollout of the province's new on-line system if, as officials say, all the kinks have been worked out.
Minimal Increase in Value Proves Sufficient for Lien
May 15, 2001
A recent case involving a construction lien claimed by an architect has established that even a small increase in the value of the improved lands may support a large lien claim.
Resolving Disputes: When Arbitral Immunity Protects Design Consultants
May 15, 2001
Canadian architects and engineering professionals acting as arbitrators in disputes between building owners and contractors have some protection from negligence claims from both common law and...
Ottawa Introduces Finalized Financial Services Reform Package
February 09, 2001
Bill C-8 ushers in new rules governing ownership of Canadian banks, holding company regimes and foreign banks among other major changes.
Building Code Rules Relaxed in Receivership
January 02, 2001
A court-appointed Receiver and its legal advisors devise a novel process and solution for resolving an intractable dilemma: remediating a property that would cost more...
Commercial Landlord's Trust Fund Obligations Confirmed
January 2, 2001
The Court of Appeal in Structural Contractors Ltd. v. Westcola Holdings Inc. considered the question of whether rents paid to a commercial landlord are trust funds under the Construction Lien Act.
International ADR: Experts Resolve Construction Disputes
January 2, 2001
The construction industry has seen a variety of new approaches to respond to the growing interest in alternative dispute resolution both in Canada and around the globe.
Limitation of Liability Clauses Impact Other Litigants
January 02, 2001
Architects, engineers, contractors, owners and other industry players will want to take note of this recent ruling on important issues surrounding limitations of liability clauses.
Owners' Flexibility in Awarding Contracts Expanded
January 02, 2001
B.C.'s Court of Appeal ruled that it was allowable for the city to take into account the low-bidding contractor's history of litigation in making its decision to choose the second-lowest bid.
Performance Bond Coverage Clarified
January 2, 2001
Bonding companies take note. Although the judge in Whitby Landmark ultimately denied the claim because of the owner's conduct, it appears he has opened the door to future claims on performance...
Recent Announcement
December 21, 2000
We are pleased to announce that Harvey Kirsh has joined the firm as a senior partner in the Litigation Department and its Construction and Infrastructure Practice Group.
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