Recent Cases
A proven track record of navigating complex construction disputes.
We represent clients across the sector with a focus on achieving early and cost-effective resolution with pragmatic results. Where formal proceedings are unavoidable, our clients’ successes reflect our commitment to securing favourable outcomes through strategic advocacy.
Dispute Resolution Cases
Oakleigh Holdings Inc. v. Demikon Construction Ltd., 2026 ONSC 1660 (CanLII)
This ruling from the Ontario Superior Court of Justice addresses motions to dismiss two lawsuits stemming from a single condominium development project known as Matchedash Lofts. The defendant, Demikon Construction Ltd., sought to strike claims brought by Oakleigh Holdings Inc. and Aurelia Limited Partnership, arguing that the multiple proceedings constituted an abuse of process and a wasteful multiplicity of litigation.
At the hearing of the motion, the respondents agreed to discontinue their counterclaim which effectively dealt with the relief being sought by Demikon on one of of the motions. Justice Boswell then examined whether a separate claim regarding balcony deficiencies should be allowed to proceed independently. Justice Boswell ultimately ordered that the balcony deficiency action be heard together with, or immediately following, the primary construction lien action to ensure judicial economy and procedural efficiency.
The decision emphasizes the court’s commitment to the (then) Construction Lien Act’s goal of resolving all project-related disputes in a single, comprehensive manner.
Counsel
Saxberg v. Seargeant Picard Incorporated, 2024 ONSC 1079 (CanLII)
We acted for homeowners who had commenced an action against their builder to recover the cost of rectifying significant water penetration deficiencies to their $5 million custom home which were discovered more than three-years after the construction was complete, when they retained a roofer to perform certain roof upgrades.
We successfully defended the builder’s motion to declare the action expired and, also, obtained a “boomerang” order that the action was, in fact, obtained in time. The builder argued that the owners had discovered their claim when, upon completion of additional work, it had refused to perform which it said was neither necessary nor required by code.
The case is significant because it deals with the “plausible inference of liability” test for determining when the limitations clock starts ticking, as that test had been recently established by the Supreme Court of Canada in Grant Thornton LLP v. New Brunswick, 2021 SCC 31.
Counsel
1917196 Ontario Ltd. v. Kazmi, 2023 ONSC 384 (CanLII)
In this action, we successfully represented 4 homeowners in a lien action commenced by their builder in an action to recover substantial amounts allegedly owed in the construction of new homes for which it had failed to provide a Tarion new home warranty. The builder’s claim was dismissed and we obtained a Judgment in favour of the homeowners for over twice the quantum of the builder’s claim, along with an order that the builder’s principal pay the homeowner’s costs, personally, in the sum of $225,000.00.