News & Analysis as of

Canada Construction Project

Littler

Ontario, Canada Court Affirms City Lacked Control of Workplace and Exercised Due Diligence, Upholding Acquittal of OHSA Charges

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In R. v. Greater Sudbury (City), 2024 ONSC 3959, the Ontario Superior Court of Justice (OSCJ) dismissed an appeal of the trial judge’s decision in which she acquitted the City of Sudbury (City) of various charges under...more

Stikeman Elliott LLP

Enhanced GST/HST Rebate for Purpose-Built Rental Housing: Latest Developments

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Incentivizing construction of new rental homes is a key policy priority for Canadian governments. As discussed in an earlier post, the federal Department of Finance issued a news release on September 14, 2023 relating to...more

Stikeman Elliott LLP

Real Estate in Canada – Law and Practice

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1. General - 1.1 Main Sources of Law - Under Canada’s federal constitution, laws relating to real estate fall almost exclusively within provincial jurisdiction. Specifically, each Canadian province enacts its own...more

Bennett Jones LLP

Duty Calls: BCCA Considers Duty of Care Owed by Structural Consultants to Building Owners

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Centurion Apartment Properties Limited Partnership v Sorenson Trilogy Ltd., 2024 BCCA 25 - The British Columbia Court of Appeal (BCCA) recently held that structural consultants have a prima facie duty of care to the owner...more

Bennett Jones LLP

Be Careful what you Agree to: Municipal and Planning Agreement Enforceability and the Potential for Perpetual Impacts on...

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When are agreements entered into as part of the land use planning approval process an extension of that process, and therefore changeable through a future process, and when are they more akin to commercial contracts that will...more

Blake, Cassels & Graydon LLP

Projet de loi n° 61 : Vastes pouvoirs pour l’agence Mobilité Infra Québec

Le 9 mai 2024, la ministre des Transports et de la Mobilité durable Geneviève Guilbault a déposé le Projet de loi no 61 – Loi édictant la Loi sur Mobilité Infra Québec et modifiant certaines dispositions relatives au...more

Blake, Cassels & Graydon LLP

Projet de loi n° 62 : Vers une grande réforme du secteur des infrastructures

Le 9 mai 2024, le ministre responsable des Infrastructures, Jonatan Julien, a déposé le Projet de loi no 62 – Loi visant principalement à diversifier les stratégies d’acquisition des organismes publics et à leur offrir...more

Stikeman Elliott LLP

Government of Ontario Proposes Suite of Changes to Land Use Planning and Development

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On April 10, 2024, Ontario’s Minister of Municipal Affairs and Housing introduced Bill 185, the Cutting Red Tape to Build More Homes Act, 2024. The bill proposes significant reforms to Ontario’s Planning Act, the Municipal...more

American Conference Institute (ACI)

[Event] 16th National Conference on Navigating Risk in Construction Contracts & Projects - February 22nd - 23rd, Toronto, ON,...

The premier event for Canadian construction professional and their counsel is back to Toronto! Rebranded as the 16th National Conference on Navigating Risk in Construction Projects and Contracts, this annual event will...more

Littler

Supreme Court of Canada Confirms “Owners” of Construction Projects Are “Employers” Under OHSA

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The Supreme Court of Canada’s (SCC) decision in R. v. Greater Sudbury (City), 2023 SCC 28 was equally divided (4-4).  In the absence of a majority SCC decision, the City's appeal was dismissed, and the decision of the Court...more

Bennett Jones LLP

Prompt Payment Update—Ontario Superior Court Confirms Adjudicator's Decision Is Not Final

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The enactment of prompt payment and fast-track adjudication legislation across Canada has created some uncertainty regarding the finality of an adjudicator's decision. In the recent decision of the Ontario Superior Court of...more

Bennett Jones LLP

ESG and its Impact On Real Estate

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Environmental. All sectors of the Canadian economy are adopting increasingly sustainable and environmentally-friendly practices to help the transition to a net-zero economy. In particular, as the Government of Canada stated...more

Bennett Jones LLP

Separate Corporate Personality Remains Alive and Well in Alberta

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Separate corporate personality is not a loophole or technicality, but is an essential principle of corporate law, the Alberta Court of Appeal recently reiterated in Condominium Corporation No. 0828219 v Carrington Holdings...more

Stikeman Elliott LLP

Ontario Government Proposes New Provincial Planning Statement and Other Measures to Increase Housing Supply

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On April 6, 2023, the Ontario government introduced a suite of legislative, regulatory, and policy proposals to tackle the housing supply crisis, including a new Provincial Planning Statement to streamline the rules around...more

American Conference Institute (ACI)

[Event] 7th Annual Conference on Managing Risk in Construction Contracts & Projects – Eastern Canada Edition - February 23rd -...

Hosted by CI, the 7th Annual Conference on Managing Risk in Construction Contracts & Projects – Eastern Canada Edition returns to Toronto for another exciting year with curated programming that addresses the most critical...more

American Conference Institute (ACI)

[Event] Managing Risk in Construction Contracts & Projects – Eastern Canada Edition - February 23rd - 24th, Toronto, ON, Canada

Reconnect with your peers and key stakeholders from construction companies, public sector, and infrastructure! The Canadian Institute’s 7th Annual Conference on Managing Risk in Construction Contracts & Projects – Eastern...more

American Conference Institute (ACI)

[Event] Managing Risk in Construction Contracts & Projects – Western Canada Edition - January 25th - 26th, Edmonton, Canada

The Canadian Institute’s 15th Annual Conference on Managing Risk in Construction Contracts & Projects, Western Canada Edition is returning to Edmonton on January 25-26, 2023. This two-day conference is specifically...more

Bennett Jones LLP

Mass Timber Construction Opportunities in Canada

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​​​​​​​The demand for sustainable, lower-carbon solutions in the construction industry is creating new opportunities for the use of mass timber in Canada. Building code regulations are changing to allow for taller wood...more

J.S. Held

Solar Energy Panels: Blind Spots & Risks for Insurers and Owners

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The clock is ticking on fossil fuels. Protecting the environment by “going green” is not only on the near horizon of the power generation industry across the world, but the initiative has been adopted by many other industries...more

American Conference Institute (ACI)

[Event] Shutdowns Turnarounds Superconference - December 7th - 8th, Alberta, Canada

Canada’s leading event for the turnaround community is returning to Calgary! Focusing on the most pressing issues affecting the industry The Canadian Institute’s 20th Annual Shutdowns Turnarounds Superconference ensures you...more

Bennett Jones LLP

Catch-22: Defending a Breach of Duty of Good Faith Claim and the Potential Waiver of Legal Privilege

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A defendant who wishes to rely on legally privileged information in response to a claim alleging breach of a duty of good faith, or alleging bad faith, may face a "Catch-22" scenario. ...more

Bennett Jones LLP

B.C. Superintendent of Real Estate Permanently Extends REDMA Early Marketing Deadlines

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Effective May 1, 2021, following the expiry of Policy Statement 17 (PS 17) on April 30, 2021, the Office of the Superintendent of Real Estate (BC) (OSRE) will bring into effect amendments to Policy Statement 5 (PS 5) and...more

Blake, Cassels & Graydon LLP

Amendments to the Builders' Lien (Prompt Payment) Amendment Act

The following is an update to our November 2020 bulletin which outlined the changes proposed in the then-current version of the Builders' Lien (Prompt Payment) Amendment Act, 2020 (Bill 37). AMENDMENT A1 - On November...more

Bennett Jones LLP

Words Matter, Even When Absent: B.C. Appeal Court Confirms Unlimited Insurance for Construction Mitigation

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The British Columbia Court of Appeal recently held that a professional liability insurance policy provided potentially unlimited coverage, at least in respect of one area of coverage. In Surespan Structures Ltd. v Lloyds...more

Bennett Jones LLP

Dangerous Assumptions: Estoppel by Convention in Construction Projects

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A recent case on estoppel by convention in the context of an owner's termination of a construction contract provides a valuable reminder to both legal practitioners and project personnel on the dangers associated with...more

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