Waiver of subrogation clauses in unit owner insurance policies *

Canada - January 9 2013
The declarations of many condominium corporations contain a provision requiring insurance policies to include a "waiver of subrogation" against a…

Toronto Common Element Condominium Corporation No. 1508 v. William Stasyna et al *

Canada - June 18 2012
The unit owners of a condominium corporation share a legal interest in the corporation's common elements.

British Columbia court rules on CRA priority over statutory holdback *

Canada - December 10 2009
In PCL Constructors Westcoast Inc. v. Norex Civil Contractors Inc., [2009] B.C.J. No. 142, the British Columbia Supreme Court dealt with three separate applications made by subcontractors against general contractors for the payment of statutory holdback funds under the British Columbia Builders’ Lien Act (“BLA”).

Federated Contractors Inc. v. Ontario Realty Corp.: be careful what you certify *

Canada - May 22 2009
At issue in the recent Ontario Superior Court of Justice decision in Federated Contractors Inc. v. Ontario Realty Corp. was the legal effect of monthly payment certificates issued by an architect or engineer pursuant to a stipulated sum contract.