Last blog added on Monday, May 14th, 2012

Information About Construction Law Canada

Construction Law Canada is published by Thomas Heintzman.
This website is intended to encourage discussion about recent developments in construction law in Canada. The commentary in this website will relate to legislation and case law.  Each item for discussion will be set out individually. The item will have a short description of the subject matter.  Then, a lengthier discussion of the item will follow.  The discussion is solely a matter of the author's personal view and opinion and does not constitute legal advice. The discussion will generally follow the subjects addressed in Thomas Heintzman's book: Goldsmith and Heintzman on Canadian Building Contracts (4th ed. Carswells).  Reference to that text will be made from time to time as “CBC”, that is Canadian Building Contracts.  However, a broader range of subjects will be addressed in this site than those addressed in CBC.

Recent Posts

Below is a preview of the five most recent posts from the blog Construction Law Canada. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!

No Appeals From An Arbitrator’s Interim Decision Unless It Is A Final Order
May 16th, 2012

The Ontario Court of Appeal has recently considered whether any appeal may be taken from a decision of an arbitral tribunal which is made prior to the final award. The Court held that no such appeal may be taken from such a decision, except if the decision amounts to a “final” order.  The decis... Read more »

Same Court, Different Results: When Does The Limitation Period Start For An Arbitration Claim?
May 7th, 2012

When does the limitation period start for an arbitration claim?  Can the very making of the demand start the period running?  Yes, the Ontario Court of Appeal recently said in Federation Insurance Co. of Canada v. Markel Insurance Co of Canada. In so deciding, the Court of Appeal seems to have rea... Read more »

Supreme Court of Canada Holds: Court May Dismiss Action Based On An International Commercial Agreement Even After The Defendant Files A Defence
April 29th, 2012

A very recent decision of the Supreme Court of Canada has held that a court may properly dismiss an action arising from an international commercial agreement, even after the defendant has filed a Statement of Defence:  Momentous.ca Corp. v. Canadian American Association of Professional Baseball Ltd... Read more »

When Is The Main Building Contract Incorporated By Reference Into The Subcontract?
April 22nd, 2012

Most standard form building contracts provide for the incorporation of the main contract into the subcontract.  For instance, GC 3.7.1 of the CCDC 2 Stipulated Price Contract requires the contractor to incorporate the terms of that contract into all agreements with subcontractors and suppliers.  B... Read more »

Can You Change Horses When Appealing From An Arbitration Decision?
April 15th, 2012

Arbitration and court proceedings may be different, but can a party substantially change its position when it appeals from an arbitration award to the court?  At the very least, it seems like questionable strategy to do so.  The British Columbia Court of Appeal held that the appellant could not do... Read more »

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