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DISPUTE RESOLUTION UNDER CCDC
CCDC-2008 has changed how disputes under a CCDC construction contract are to be resolved. Anyone using CCDC construction contacts should be aware of these changes.
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DAMAGES MEMORANDUM - ACCIDENTS ON OR AFTER NOVEMBER 1, 2003
In a negligence claim (sometimes referred to as a tort claim) you are entitled to various types of damages against the party who is responsible for your injuries.
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THE REMEDY GIVEN BY THE CONSTRUCTION LIEN ACT
As has been pointed out by the Courts on many occasions, the remedy given to the lien claimant is entirely a creature of statute. Accordingly, in order for the lien claimant to avail himself of the remedy given by this Act, he must bring himself within the strict wording of the Statute. If he is unable to do so, he will be unable to prosecute a claim for lien.
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THE BREACH OF TRUST CLAIM
Most jurisdictions in Canada contain a provision in their Lien Acts that payments under a construction contract are to be held in a trust fund for the benefit of those who supplied services or materials to the project and are entitled to payment. The officers, directors or guiding minds of the payee who breach the trust can be held personally liable under such legislation.
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SEXUAL HARRASSMENT & PROCEDURES INVOLVED IN MAKING A COMPLAINT
First contact the Human Rights Commission – Complaint must be filed within six months of the last incident of discrimination.
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JURISDICTION OVER HUMAN RIGHTS ISSUES
The Court of Appeal’s decision in Ontario Human Rights Commission v. Naraine, answers this question in the negative. Ontario Human Rights Commission v. Naraine was an appeal from a decision of the Divisional Court dismissing an appeal from a Board of Inquiry of the Ontario Human Rights Commission.
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DISHONESTY NOT ALWAYS GROUNDS FOR DISMISSAL
The Supreme Court of Canada in the case of McKinley v. BC Tel determined that a single act of dishonesty by an employee may not necessarily constitute cause for dismissal.
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CRIMINAL CONVICTIONS AT ARBITRATION
The Supreme Court of Canada has granted leave to appeal from the Ontario Court of Appeal’s decisions in CUPE v. The City of Toronto and Douglas Stanley and in OPSEU v. The Ministry of Community and Social Services & The Ministry of Corrections and the Grievance Settlement Board.
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CONSTRUCTION CASES EVERY CONTRACTOR SHOULD BE AWARE OF
Recently, the Supreme Court of Canada had an opportunity to consider and apply the tendering principles established in Ron Engineering to a case involving a subcontract tender.
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A REQUEST FOR PROPOSAL VERSUS A TENDER
A recent Court decision demonstrates that the line between a tender process and a request for proposal can be a very fine one. The legal consequences of holding a process to be one or the other can have dire consequences for an owner or a contractor.
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A CONTRACTORS WORST NIGHTMARE
Sections 7, 8 and 13 of the Construction Lien Act impose significant obligations on owners, contractors, sub-contractors and officers and directors of the above. Some recent caselaw sheds some light into how Courts in Ontario are interpreting the trust provisions of the Act.
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CRIMINAL LIABILITY OF ORGANIZATIONS
Bill C-45 is the Government’s effort to set out rules for determining when a corporation or organization has committed a criminal offence. The legislation arose of the Westray Mine disaster where 26 men lost their lives due to the gross neglect of their superiors...
BILL C-45 - (Download PDF)

CRIMINAL LIABILITY OF ORGANIZATIONS
Bill C-45_3 is the Government’s effort to set out rules for determining when a corporation or organization has committed a criminal offence. The legislation arose of the Westray Mine disaster where 26 men lost their lives due to the gross neglect of their superiors...
BILL C-45-3 - (Download PDF)

INCOME REPLACEMENT AND REHABILITAION BENEFIT MEMORANDUM
People injured in motor vehicle accidents are entitled to various statutory benefits under the Insurance Act...
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CLIENT MEMORANDUM - LITIGATION: THE PRACTICAL CONSIDERATIONS
Litigation involves more than just the law. There are a number of down-to-earth problems that must be addressed. This memorandum has been prepared for our clients to draw attention to some of these issues...
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