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.
Trust Claims Cases
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).