Category: Newsletters

Builders Lien Act Reform

Seema Lal Ontario On May 31, 2017, the Construction Lien Amendment Act, 2017, was introduced in the Ontario legislature.  The proposal includes provisions for a mandatory prompt payment regime and mandatory fast-track dispute resolution.  These amendments are a welcome modernization of the Ontario Construction Lien Act (CLA) and it is hoped that similar reforms will

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Extending BC’s Civil Resolution Tribunal to Claims Up To $5,000

Matthew D. Wansink Wait, You Mean There’s a Problem?? Litigation does not come cheap.  Even for a claimant with a solid case and ample evidence in support, the legal process takes time, is complex and costs money. While various attempts have been made to streamline claims under $25,000 (for instance, by use of the small

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First Nations Consultation And Impact Benefit Agreements

Katrina Yaworsky Duty to Consult First Nations It is well known that the government of Canada has a duty to consult with First Nations groups and communities.  Consultation is required if existing or asserted Aboriginal rights may be impacted by a government decision, for example by the issuance of a permit related to a project. 

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CLAIMS FOR CONSTRUCTION DEFECTS: Limitation and Warranty Period Considerations

Robyn Laing, Articled Student In our 2011 newsletter, we noted that there is a common misconception in the construction industry regarding the difference between a limitation period and a warranty period.  A limitation period is the time frame specified by statute within which a lawsuit must be brought. If there is a failure to commence

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Matthew Wansink On February 1, 2017, British Columbia’s new Franchises Act (“Act”) came into force, along with its associated Regulations. With this legislation, British Columbia became the sixth province in Canada to regulate its franchise industry. The Act and Regulations apply to all franchisors and franchisees operating within the borders of the province, regardless of

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J. Marc MacEwing Lawyers involved in construction law are sometimes instructed to draft construction contracts. Other clients seek to have them comment on contracts which others have prepared. The purpose of such review is to identify concerns arising from the document, as to both clarity and consistency of drafting and allocation of construction risk, and

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Michael Williams If a policy holder sues its insurer for legal defence coverage and is successful, the Supreme Court of British Columbia has recently ruled that the policy holder is entitled to special costs (actual legal costs), rather than the usual lower tariff costs (a fraction of legal costs).  With this new law in place,

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Liability for Defects: Negligence Claims Against Consultants

Michael D. Williams Some construction defects do not cause obvious or observable damage to property or physical harm to the building’s occupants. However, contractors, consultants and sub-trades can be held liable for these latent defects, even to subsequent purchasers with whom they had no contractual relationship, if the defect poses a “real and substantial danger”

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