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.
Legislation & Regulation Cases
Saxberg v. Seargeant Picard Incorporated, 2024 ONCA 931 (CanLII)
Our client’s construction project was discovered to be defective and extensive damage required expensive repairs. We successfully resisted the contractor’s appeal of the Superior Court’s refusal to grant summary judgement and dismiss our client’s claim based on the contractor’s position that the limitation period had expired. The Court of Appeal also upheld the judge’s “boomerang” order that specifically stated that the claim was within the limitation period.
Counsel
Devlan Construction Ltd. v SRK Woodworking Inc., 2023 ONSC 3035 (CanLII)
In this leading case, we successfully appealed a Motion Judge’s decision that the (new) Construction Act, RSO 1990 c. C30 allows claimants to join a breach of trust claim with an action to enforce a construction lien. The Divisional Court agreed with our submissions that a trust claim is not a contract claim, that the Act precludes the joinder of non-contract claims and that adding a breach of trusts claim as of right would unreasonably complicate a lien action by increasing documentary production, examinations for discovery, the number of parties and the issues to be tried (all contrary to the requirement that a lien action be tried as expeditiously and inexpensively as possible).
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.