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Results: 1-10 of 12

Decisions, decisions faced with non-payment, contractors must pursue the right claim and remedy

  • McMillan LLP
  • -
  • Canada
  • -
  • September 14 2011

Contractors providing their services and materials to construction projects in exchange for instalment payments must carefully consider their options when payments are missed

Aboriginal claims another layer of complexity and risk for the construction industry

  • McMillan LLP
  • -
  • Canada
  • -
  • July 5 2011

Aboriginal claims have become a crucial consideration to developers and others in the construction industry seeking to manage risk effectively and deliver successful development projects

"Pay me now, or pay me later" the risks of poor payment and accounting practices

  • McMillan LLP
  • -
  • Canada
  • -
  • June 29 2011

Developers and others with payment obligations in the construction pyramid (payors) can better manage their risk and exposure by ensuring that their payment and accounting practices are well-managed and clear particularly given the Ontario Court of Appeal's recent decision in Colautti Construction Ltd v Ashcroft Development Inc

Limitation periods where “discoverability” at issue can now be determined at summary judgment

  • McMillan LLP
  • -
  • Canada
  • -
  • November 30 2010

The recent decision by the Court of Appeal in Liu v. Silver signals a change in how courts will handle limitation defences at summary judgment motions

A little certainty for an uncertain process Supreme Court confirms duty to consult not triggered or informed by adverse impacts from past actions (part I of II)

  • McMillan LLP
  • -
  • Canada
  • -
  • November 25 2010

Governments and corporations, particularly those in the natural resource and energy sectors, have received some welcome guidance on the limits to the scope of aboriginal consultations

Disclosure exposure? Only where condo developers misstate or omit material details in disclosure statements

  • McMillan LLP
  • -
  • Canada
  • -
  • November 11 2010

Ontario law requires that condominium developers disclose specific information to purchasers of condominium units, including certain details of the condominium's first year budget and other financial data

No holds barred: absolute privilege for judicial proceedings

  • McMillan LLP
  • -
  • Canada
  • -
  • November 8 2010

The law of defamation prohibits unfounded or false attacks against a person's reputation

Supreme Court finds coverage for construction defect claim

  • McMillan LLP
  • -
  • Canada
  • -
  • October 13 2010

In Progressive Homes Ltd v Lombard General Insurance Co. of Canada, the Supreme Court of Canada ruled that a general contractor’s defective workmanship can constitute an “accident”, thereby triggering an insurance company’s duty to defend a general contractor against construction deficiency claims

Judicial review - another weapon to challenge government tendering decisions?

  • McMillan LLP
  • -
  • Canada
  • -
  • May 14 2010

A contractor puts its best foot forward in a tender process run by a provincial ministry, only to find that a non-compliant bid has won the contract

Trust me! Ontario Court of Appeal expands pool of trust beneficiaries under the Construction Lien Act

  • McMillan LLP
  • -
  • Canada
  • -
  • March 25 2010

Vendors supplying materials used by contractors or subcontractors have expanded avenues for recovery on delinquent accounts following the Ontario Court of Appeal’s decision in Sunview Doors Limited v. Pappas