Lawyers have to tread a fine line on the evidence they adduce at trial. Evidence that deals with an issue on which a client’s case is extremely weak can waste time, cost money, and upset the judge. However, if no … Continue reading
Non-lawyers seem to believe that technicalities will sway the ultimate result in a court action. Although this may once have been the case, it is extremely rare now. Judges want to see a result that is just; if there is … Continue reading
All of the CCDC contracts contain dispute resolution clauses. The CCA standard subcontract contains a similar clause. However, are the clauses always effective? This issue was considered in Tricin Electric Ltd. v. York Region District School Board, a 2009 decision … Continue reading
Contractors swear statutory declarations to satisfy owners that the contractors have paid their subs and suppliers and have completed various aspects of their contractual responsibilities. Some contractors swear these declarations as if they were just inconvenient pieces of paper – … Continue reading
In order to claim a statutory trust, must a supplier have knowledge of the improvement into which its goods are being incorporated? More particularly, must the supplier intend that its goods benefit a particular project and must the supplier eventually … Continue reading
As a rule, when a debtor makes a partial payment towards a series of debts, the debtor has the right to choose the debts to which the payment is to be allocated. The corollary to this rule is that if the … Continue reading
A claim for lien arises the moment that a sub provides work to an improvement. It expires 45 days after the earlier of the date that (i) the subcontract is certified to be (totally) complete, (ii) a certificate of substantial … Continue reading
In the beginning, before Ron Engineering, the tender scene was fluid. If a general could demonstrate that it made a mistake in its tender amount, then an owner could not pounce on that mistake and hold the general to the … Continue reading