Adjudication – Coming Soon to “…a Contract Near You!”
Posted on: March 18th, 2018 by

The Construction Lien Amendment Act of Ontario (Bill 142) was given Royal Assent in December 2017. Among its many changes, it will introduce an adjudication process. The effective date of the necessary regulations allowing adjudication is currently set for late 2019. By that time, whether your contract includes adjudication procedures or not, these procedures will

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Advocates Hit the Road at ORBA
Posted on: February 14th, 2018 by

The firm’s team of Eric Grigg, Kyle MacLean, Jeff Van Bakel, and Jim LeBer will be teaching a day-long workshop at the Ontario Road Builders Association annual “Road Building Academy” in Toronto on Tuesday February 27th. The workshop is principally focused upon contractor’s strategies for dealing with the Ministry of

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Marcia Oliver at OBA Institute 2018
Posted on: February 12th, 2018 by

Marcia Oliver recently co-chaired the Ontario Bar Association’s Institute 2018 which ran in Toronto during the week of February 6th. There were over 30 Continuing Professional Development programs being run concurrently through the week for lawyers to learn and sharpen their skills. At the firm we are proud of Marcia’s commitment to supporting our

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Advocates Lawyers at TiPTO 2017
Posted on: November 21st, 2017 by

A team from Advocates attended and participated in the Technology in Practice 2017 Conference hosted by Commonwealth Legal, A Division of Ricoh Canada, that took place in Toronto in early November.

Managing Partner Jim LeBer joined a panel discussing how small firms like Advocates are using technology to “Even the Playing Field”. Jim was

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Welcome Jeff Van Bakel!
Posted on: November 17th, 2017 by

We are pleased to announce that Jeff Van Bakel has joined Advocates LLP. Jeff is an experienced commercial litigator who has spent 10 years working in a larger Toronto firm, in a variety of practice areas including construction, commercial and insurance defence work. Jeff and his family had decided to relocate to London where

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Clear Statement of Intent to Lien is a Requirement When Delivering Notice of Lien
Posted on: June 21st, 2017 by

In a decision released September 30, 2016, Master Wiebe has provided clarity with respect to the requirements for a valid Written Notice of Lien pursuant to section 24 of the Construction Lien Act (the “CLA”).

Those familiar with section 24 of the CLA will know that it is a powerful tool for unpaid parties to

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Marcia Oliver inducted into the prestigious Canadian College of Construction Lawyers
Posted on: May 26th, 2017 by

Advocates LLP is so pleased to announce that Marcia J. Oliver, one of the firm’s partners is being inducted into the Canadian College of Construction Lawyers this weekend at the Annual Meeting of the College in Quebec City. This honour is extended only by invitation of the members of the College, and is

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Crossing the Line: Judgment Proofing and the Oppression Remedy
Posted on: May 17th, 2017 by

The Ontario Divisional Court’s decision in T. Films S.A.. v. Cinemavault Releasing International Inc., 2016 ONSC 404 [1] is a reminder that “judgment proofing” is susceptible to attack under the statutory oppression remedy.[2]

Films S.A. involved a situation where T. Films S.A. retained Cinemavault Releasing International Inc. (“CRI”) to act as exclusive distributor

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No Unjust Enrichment For You!: Yorkwest Plumbing Supply Inc. v. Nortown Plumbing (1998) Ltd.
Posted on: April 4th, 2017 by

Can you join an unjust enrichment claim with your construction lien claim in the same action? The Court of Appeal thinks not, though the Divisional Court was not so categorical.

You expect a construction lien action, by its very name, to assert a contractor/subcontractor’s statutory right, under the Construction Lien Act, to relief against an

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April 21, 2017: Marcia Oliver speaking at Advocates’ Society Program – Construction Law: Lien and Arbitration Advocacy
Posted on: April 3rd, 2017 by

Marcia Oliver will be at the Advocates’ Society Education Centre to speak at new a program entitled “Construction Law:  Lien and Arbitration Advocacy” to be held in Toronto, Ontario on April 21, 2017.

Topics include:

  • Top Construction Cases – How Have the Courts Balanced the Right to Litigate with Contract
  • Provisions Directing the Parties to Arbitration?
  • Demonstration and Commentary: Preparing
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