Dec 14, 2021
Municipal slip and fall claim goes to the Supreme Court
The claimant’s contribution to the loss will have to be weighed with the contributions of others.
Oct 12, 2021
When does a deficiency claim expire?
The “plausible inference” test may have consequences for construction
Aug 4, 2021
The consultant’s authority may be broader than you think
It is well-established that a consultant acting as a contract administrator must be impartial and objective.
May 4, 2021
Legislative solutions to slip and fall liability
Ontario’s Bill 118 marks huge step in the right direction.
Dec 1, 2020
Liquidated damages, deposits and forfeiture clauses
Historically at common law in Canada, a liquidated damages clause will be treated as a penalty, and not enforced for public policy reasons, unless the amount is a “genuine pre-estimate” of damages that will actually be suffered.
Aug 1, 2020
Documentation is important, although low on the list when avoiding or defending a lawsuit. The first thing is, you don’t want one coming your way.
Apr 1, 2020
Contracts in the age of payment and adjudication processes
Prompt payment adjudication will allow construction disputes to be resolved, at least at first instance, through interim and binding determinations made in very tight timeframes.
Mar 2, 2020
Factors to consider in drafting contracts
When creating contracts, revisit the language to ensure the terms and conditions allocate risk and protect the company.