Construction and Engineering

Listing in the REIN: Cruel and unusual punishment under the Charter?

Does the automatic listing in the Register of enterprises ineligible for public contracts constitute cruel and unusual punishment within the meaning...

Adjudication Authority selected

On October 1, 2019, adjudication will come into force in Ontario. Under the Construction Act, a single Authorized Nominating Authority was envisaged...

Recent guilty plea demonstrates that criminal liability for corruption may extend to corporate officers

On February 1, 2019, former SNC-Lavalin CEO Pierre Duhaime pleaded guilty to breach of trust for his role in connection with the bribery scheme...

Strategic investment transactions create benefits for mining companies

One of the most significant trends in the mining industry in 2018 was the emergence of strategic investment transactions.

Integrated Project Delivery model in Canada: What you need to know

The Canadian Construction Documents Committee (CCDC) is expected to publish a standard form contract for Integrated Project Delivery (IPD) before the...

Canadian prosecutors refuse to use new “Deferred Prosecution Agreement” regime in high profile case

Despite the recent and welcome introduction of a ‘deferred prosecution agreement’ regime in the context of white collar infractions in...

Proposed Acquisition of Aecon by CCCI Blocked on National Security Grounds

The Canadian federal government has blocked a proposed takeover of construction firm Aecon Group Inc. by China Communications Construction Company...

Construction Lien Act changes: A primer for real estate practitioners

Ontario’s Construction Lien Act has implications for real property, which necessitates that real estate practitioners must have a working knowledge...

Ontario planning process undergoes significant changes: Bill 139 receives Royal Assent

On December 12, 2017, Bill 139 received third reading and Royal Assent in the provincial legislature, coming into force as the Building Better...

Liquidated damages: Canadian adoption, divergence and the necessity for restatement

Liquidated damages are a common element in Canadian construction contracts and serve as a useful risk allocation mechanism.