Extension of Suspension of Limitation Periods and Procedural Deadlines

On March 20, 2020, the Ontario government suspended limitation periods and procedural time periods effective March 16, 2020. On June 5, 2020, the Ontario government extended this suspension up to and including September 11, 2020. This Regulation applies to limitation periods and procedural deadlines that are established by Ontario statutes, regulations, rules and by-laws. The…

Limitation Period – Extended by Dispute Resolution Provisions in Construction Contracts?

Many construction contracts in Ontario provide for a tiered dispute resolution process. Often, the parties contractually agree to negotiate, mediate and then arbitrate disputes. The presumption has been that the parties have two years from the date the dispute arose to arbitrate the dispute. However, a recent case from the Ontario Court of Appeal extends…

How Does Bankruptcy Affect Your Civil Litigation Claim?

According to the Office of the Superintendent of Bankruptcy, in 2019, 44,852 hardworking individuals filed for insolvency in Ontario. 67% of those consumer insolvencies filed in Ontario were consumer proposals. Ontarians continue to carry record levels of personal debt and for many residents, a consumer proposal or a personal bankruptcy becomes the only way out of…

Important Information During the COVID-19 Period

Courthouse Functions for Civil Matters The Ontario Superior Court of Justice (including the Small Claims Court) has suspended all operations as of March 17, 2020 and until further notice, though it continues to hear urgent matters. Please speak to a lawyer to determine if your matter is “urgent”. Urgent motions will proceed either in writing,…

Force Majeure Clauses in Construction

The topic of force majeure, or frustration of contract, has been talked about a lot since the beginning of the COVID-19 pandemic. Force Majeure A force majeure clause generally operates to discharge a contracting party when a supervening, sometimes extraordinary, event occurs that is beyond the control of either contracting party but that makes performance…

New Proposed Rules Regarding Noise Complaints in Condominiums

Over the last few decades, Ontario has experienced a significant rise in the number of condominium developments. The Condominium Act, 1998 is the legislation that governs these developments. Specifically, the Condominium Act, 1998 sets out the rights and responsibilities of the condominium community, including developers, purchasers, owners, mortgagees, residents, condominium corporations and their boards. The…

Construction Lawyers on How to Vacate a Construction Lien

In a construction action, when a contractor or subcontractor is owed money, they can register a construction lien on title to the property where the work was performed, or material was supplied. The Construction Lien Construction liens are preserved when the lien is registered on title to the property where the work and/or materials were…

Civil Litigation – Getting the Most for your Legal Dollars

Civil litigation actions are often extremely time consuming and costly. While many parties choose to represent themselves, it is becoming increasingly clear that in order to be successful, you will require the help of a lawyer, thereby increasing the costs of the process dramatically. With that said, there are ways that you can reduce your…

Real Estate Litigation and Tarion Claims

Real estate litigation involving deficient construction of new homes often revolves around Tarion warranty claims. But what if your Tarion warranty claim is denied? Can you still claim against the builder for the cost to repair the deficiencies? The answer – maybe. The Tarion Warranties Builders in Ontario are deemed to provide statutory warranty coverage…

Considering Social Host Liability During the Holiday Season

With the holiday season upon us, it is important to remind party hosts of their social host liability. A Leading Canadian Case of Social Host Liability: Childs v Desormeaux, 2006 SCC 18 Childs is the leading case regarding social host liability in Canada. In that case, the Supreme Court of Canada held that the social…

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