Following the unfortunate onset of the COVID-19 pandemic in Canada, the phrase force majeure has been raised by many as a contractual cure-all. However, the interpretation, scope of application, and… Read More
The Saskatchewan Court of Appeal recently released a decision dealing with statutorily imposed deadlines for commencing lawsuits in Saskatchewan. This decision will directly impact when a party must commence a… Read More
Construction owners and contractors face a multitude of challenges as they navigate through largely uncharted territory with their projects experiencing highly unique and mounting risks from the effects of COVID-19.
Currently,… Read More
Long-awaited changes to limitations legislation in Manitoba could be coming, and those changes will change the way claims related to building defects will be litigated.
A recent application under The Limitation… Read More
When parties to an agreement negotiate, sign, then shelve the Contract until the end of the Project, they do so at their peril. Many standard construction contracts include provisions requiring… Read More
Summary judgment can provide a party with a way to rapidly resolve a dispute.
Where there is no issue genuinely requiring trial, the Court may issue a summary judgment,… Read More
Authors: Saravan Veylan, Tessa Rowland
When something intrudes into the airspace above a parcel of land, it is generally considered trespass if it interferes with the ordinary use and enjoyment of… Read More
Letters of credit are occasionally used in construction contracts to secure the performance of a contractor’s obligations to the owner.
They are instruments created at the request of a customer (i.e.… Read More
A “termination for convenience” clause is the big, red, ejector seat button that allows a party, typically an owner, to exit its contractual relationship. The presence of such a clause… Read More
In the recent decision of Interpaving Ltd. v. The City of Greater Sudbury (2018 ONSC 3005), the Ontario Superior Court of Justice Divisional Court reaffirmed the right of a public… Read More
