The normal tender case usually arises out of one of two situations: (i) an owner awards a contract to a general who is not the low bidder, or (ii) a general carries one sub’s price and awards the subcontract to … Continue reading
In our March 2006 newsletter, we discussed the case of Design Services Ltd. v. Canada, a tendering decision of the Federal Court of Canada. This case made its way to the Supreme Court of Canada, culminating in a 2008 decision, … Continue reading
In the Rules of Civil Procedure there is a provision by which a defendant can move to force a plaintiff, who is impecunious, to pay money into court as security for costs. That money will be used if the plaintiff … Continue reading
There are times when a litigation lawyer looks at the facts, looks at the law, and says, “Ugghh”. The lawyer then has two choices: fold on a legal action or be creative. Of course, the client has to decide whether … Continue reading
A party who wants damages has the burden of proving them. What proof is necessary? Better yet, what happens when there is almost no proof? This question was answered in 9071-5392 Quebec Inc. v. Katsoulis, a 2007 decision of the … Continue reading
The battle over the certificates of payment certifiers (e.g. architects, engineers etc.) continues (see November 2006 newsletter). Can a party to a construction contract argue that a certification is incorrect or is the party bound by it, regardless of its … Continue reading
Disputes between an owner and a general sometimes degenerate into a situation in which the general abandons the job. The general then registers a lien and claims for the money that it says the owner owes it. At the same … Continue reading
We reported on Kennedy Electric Limited v. Dana Canada Inc. (see newsletter of July 2006) regarding improvements to an assembly line. The Ontario Court of Appeal has now rendered its decision on the appeal. If you recall, the case dealt … Continue reading
Section 39 of the Construction Lien Act allows a party further down the construction ladder to obtain information regarding the contracts between parties one and two rungs up the construction ladder. A subcontractor, who is not being paid, wants to … Continue reading
It is likely generally known that the losing party in a court action will pay the winning party a portion of its legal fees and disbursements in either prosecuting or defending the action. The exact quantum of the award depends … Continue reading