A recent decision by Justice Steel in the Ontario Superior Court of Justice has brought some much-needed clarity for road building contractors seeking to uphold (or overturn) an interim-binding decision of a referee under MTO’s dispute resolution procedures.

Executive Alert:  Advocates LLP argues that Notice of Delay given now and tied to Ontario’s March 17 declaration of a State of Emergency and related MOH social distancing directives – may allow you access to a compensable delay, rather than merely an excusable delay.

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Overview

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Advocates LLP congratulates our partner Marcia Oliver on receiving her Qualified Arbitrator designation from the ADR Institute of Canada. Marcia is now accepting mediation and arbitration retainers for construction, infrastructure and professional liability matters and looks forward to assisting her colleagues and their clients with resolution of their disputes.

Everything, as it turns out. Wilfred v. Dare is a cautionary tale of the consequences of forgetting that the OBCA does not provide for a ‘no fault’ corporate divorce. Does your shareholder agreement provide otherwise? You might want to check.

The statutory oppression remedy is the The Six Million Dollar Man of commercial litigation: a “better, stronger, faster” remedy for addressing oppressive shareholder conduct.

If you’ve kept an ear to the ground in the last few years, you’ve probably heard about legal innovation. For example, the Ontario Bar Association recently announced that it will have an Innovator in Residence position to direct adoption of legal innovation. Many law firms use innovation as a marketing tool to attract users

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Introduction

The United States government, under the administration of Donald Trump, imposed tariffs on imports of Canadian steel and aluminum at the rate of 25% and 10% respectively, effective May 31, 2018. As a countermeasure, Canada’s Department of Finance intends to impose a reciprocal surtax (or analogous trade restrictive countermeasures) on imports of steel, aluminum,

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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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