Construction Disputes

As discussed in our recent Walker Law Blog post and by Tanya on CBC Television, conducting thorough research about those you intend to sue is a critical part of the litigation process in order to protect your interests and minimize potential losses. It is imperative that one understands the prospect of ultimately collecting funds and...
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As we approach the end of 2023, we wish to bring to your attention five laws that will be or continue to be effective in 2024. Notice of Termination The Federal Government announced that effective on February 1, 2024, sections of the Budget Implementation Act, 2018, No. 2 come into force.  Included are changes to...
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The Ontario Occupational Health and Safety Act, R.S.O. 1990, c. O. 1 (the “OHSA”) serves as the legal framework in Ontario that addresses the health and safety of workers in the workplace. This article will explore the recent decision of the Supreme Court of Canada in R. v. Greater Sudbury (City), 2023 SCC 28, in...
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It is commonly known that the incorporation of a company shields the officers and/or directors from liability that a company incurs. Only under exceptional circumstances will officers and directors of a company be held personally liable. However, in the construction industry under the Ontario Construction Act R.S.O. 1990, c. C.30 (the “Construction Act”),[1] the statute...
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When you sign a contract, you are entitled to certain rights under the contract. However, sometimes it is possible to give up one or more of those rights, such that you can no longer rely on them. This is done through a legal doctrine called “waiver.” How do you know if you or your contracting...
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BUYER BEWARE: FAILING TO CLOSE A TRANSACTION RESULTS IN THE LOSS OF YOUR DEPOSIT When buying property, it is routine and expected in such transactions for the buyer to pay a deposit towards the purchase price of the property. This deposit signifies that the buyer is committed to complete the purchase, as the buyer will...
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The COVID-19 health pandemic has had a significant impact on all industries. However, there are a number of changes that are unique to the construction industry. On March 16, 2020, the Ontario government declared that all limitation periods for proceedings would be suspended.
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The Pattersons hired “Joe Inc.”, a general contractor, to renovate their ground floor bathroom, kitchen, and front entranceway. As the project progressed, the Pattersons noticed a number of defects in the general contractor’s work. However, when they complained, nothing was done to resolve the problems.
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If you are undergoing home renovations with a contractor or you are a contractor, you should note that effective October 1, 2019, several provisions under the construction law which is called the Construction Act (the “Act”) will come into force and will fundamentally change how contractors request payment from property owners.
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On December 12, 2017, Bill 142, the Construction Lien Amendment Act, 2017, became law in Ontario (“the Act”).
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