The Construction Lien Act allows a person to lien an owner’s interest in an improvement. Is an “owner” just the registered owner of land or is “owner” defined more broadly? Can a mortgagee be an owner? If so, what affect … Continue reading
The long arm of the federal government is again thrusting its revenue hand between payors and payees in the construction chain. We speak of the super priorities regarding employee deductions and GST. In Ledcor Construction Ltd. v. 54033 B.C. Ltd., a … Continue reading
The Companies Creditors Arrangement Act of Canada establishes a procedure by which an insolvent corporation is given time to make necessary arrangements, including the sale of some or all of its assets, with its creditors so that either the corporation … Continue reading
We have discussed setoff on a number of occasions: in the context of a general who sets off against a sub when there are no subsubs claiming (see May 2006 newsletter); in a trust action (see January 2000 newsletter); and … Continue reading
It is done all the time. Still, no one wants to be branded as highhanded in a judge’s reasons for decision. This, however, was exactly the description that an Ontario construction lien Master used in Salit Steel v. Mondiale Development … Continue reading
A tender call invariably carries the customary privilege clause (i.e. the owner need not accept the lowest or any tender). The latter condition allows the owner to shut down the prospective project if the tenders are over budget. Regardless of … Continue reading
Consider the following: an owner calls for tenders, a general contractor submits a bid and encloses a bank draft for bid security, the general’s bid is low, and the owner awards the contract to the general. That is the way … Continue reading
In our January 2002 newsletter, we reported on Cornerstone Estates Ltd. v. Polaris Restorations Inc., a 2002 Ontario Superior Court of Justice decision. The article was entitled “Dead”. It seems that, six years later, a solicitor did not review that … Continue reading
More people than ever have been representing themselves in court. This is particularly so in matrimonial disputes and in civil claims in which the amounts at stake are not large. The moment that a party represents herself, the costs of … Continue reading
On January 1, 2004, the Ontario government, after years of attempts to modernise the Limitations Act (the “Old Act”), proclaimed in force the Limitations Act, 2002 (the “New Act”). The New Act made two major changes to the Old Act. … Continue reading