Ontario’s construction dispute interim adjudication: Pros and cons
It has been several years now since Part II.1, Construction Dispute Interim Adjudication (“Adjudication”), was brought into the Construction Act, RSO 1990 c C.30 (the “Act”). As a result of the transition provisions of the Act, it has taken some […]
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 […]
How can a condominium corporation address threats, intimidation and abuse of process?
Our office has been successful in the recent case of TSCC 2519 v. Emerald PG Holdings et al, 2021 where the Honourable Justice Vella of the Superior Court of Justice confirmed that when a unit owner (or group of unit […]
Tarion’s response to COVID-19
The Government of Ontario’s Emergency Order suspending statutory limitation periods and procedural timelines is coming to an end as of September 14, 2020. These suspensions have similarly affected the procedural timelines under the Ontario New Home Warranties Plan Act (“ONHWPA”). […]
Recap: lien modernization provisions under the Construction Act – practical tips
It has been almost two years since the first wave of changes to Ontario’s Construction Lien Act (now called the Construction Act) (the “Act”) came into force and modernized the province’s lien and holdback rules. As the dust settles and […]
Updates to trust provisions of Construction Act
Part II of the Construction Act (“Act”) sets out statutory rights, in addition to lien rights, with respect to the financing and use of project funds in the construction pyramid. Specifically, subsection 7(1) prescribes an “owner’s trust,” and subsection 8(1) […]
