Tag Archives: contracts

New Decision Brings Clarity to Road Builders for Reviews of a Referee’s Decision Under MTO’s Dispute Resolution Procedures
Posted on: February 1st, 2021 by

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.

Section 4 of the Interest Act or: When 2 x 12 = 5
Posted on: November 28th, 2018 by

It is not uncommon to see invoices or purchase orders that provide for interest on overdue accounts at a rate of 2 per cent per month with nothing written about the rate of interest per year. The assumption being that anyone with a basic facility with arithmetic understands that this means that interest is payable

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Trump’s Tariffs and Trudeau’s Countermeasures: How to Protect Yourself in the Construction Industry
Posted on: June 28th, 2018 by

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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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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Are Restrictive Covenants in Restraint of Trade Enforceable: Sometimes
Posted on: June 3rd, 2016 by

The Ontario Court of Appeal’s recent decision in MEDIchair LP reminds me of how difficult it can be for a lawyer to answer the question: Do you think this noncompetition agreement is enforceable?