Our Blog | Kennaley Construction Law

... our construction law blog

The R. v. Sudbury saga in Ontario is finally over: important takeaways for construction participants (April 3, 2025)

Strategies to Address the Impact of Tariffs
in Construction in Canada: An Article and a Webinar (March 28, 2025)

Part II in a Series on Changes to Ontario’s Construction Act:
The Annual Release of Holdback and Annual Expiry of Lien Rights
(March 20, 2025)

Seismic Change Comes to Construction in Ontario:

A Series of Articles and Seminars on the Good, Bad and Ugly of Soon to be Implemented Construction Act Changes (February 26, 2025)

Revisiting the “multiple contracts per improvement” approach confirmed by Ontario’s Divisional Court in Caledon (Town) v. Bronte Construction: the case for the “one-contract-per-improvement” approach (January 22, 2025)

Must an Owner have an actual interest in the lands to commence a procurement process under the transition provisions of Ontario’s Construction Act?

Conflicting Decisions go to Appeal (December 20, 2024)

Can an Owner ‘Jump a Rung’ in the Construction Pyramid to pay Subcontractors directly in Ontario? The Divisional Court interprets

section 28 of the Construction Act (December 17, 2024)

When can a Determination obtained in a Construction Adjudication in Ontario be Judicially Reviewed on the Grounds of Fraud? (October 23, 2024)

Cost-Plus and Time and Material Contracts and Claims in Canada (September 12, 2023)

Ontario’s Divisional Court Holds that a Trust Claim cannot be joined with a Lien Claim: Devlan Construction Ltd. v. SRK Woodworking Inc. (May 24, 2023)

Managing Construction Claims through Contractual Provisions: of Waiver, Covenants to Insure, Indemnification and Conditions Precedent (April 20, 2023)

Assessing and Managing the Contractual Risks of Ontario’s New Excess Soils Regulation: An Overview and a Flow-Chart Guide (February 10, 2023)

Ontario Proposes Changes to its On-Site and Excess Soil Regulation Scheduled for Further (Substantial) Implementation on January 1, 2023 (November 7, 2022)

The Allocation of Supply Chain Risk under a Construction Contract

(October 18, 2022)

When is a Notice Provision Enforceable under a Construction Contract? A Lesson in Contract Interpretation from Ontario’s Divisional Court (May 31, 2022)

Ontario Formally Suspends the Reporting and Record Keeping Requirements of its On-Site and Excess Oil Regulation until January 1, 2023 (April 22, 2022)

Can a Trust Claim be Joined with a Lien Claim under Ontario's Construction Act? Recent Competing Decisions on a Complex Issue (March 2, 2022)

Can an Adjudication in Ontario be Commenced after a Contract or Subcontract

Has Been Terminated or Abandoned? (December 31, 2021)

Ontario’s Excess Soils Registry is Now Online: Resources and Practical Considerations Towards Meeting the Excess Soils Regulation (December 30, 2021)

Claims Against Municipalities: Core Policy Immunity and Lessons Learned from the Supreme Court of Canada in Nelson (City) v. Marchi (November 4, 2021)

The Supreme Court's New "Plausible Inference" Test: When is a Construction Deficiency Discovered for the Purposes of a Limitation Period? (September 23, 2021)

The Scope of Construction Trust Obligations in Ontario: The Court of Appeal confirms interest is included at the contractual rate (June 30, 2021)

The Consultant's Authority May Be Broader Than You Think: When Can a Contract Administrator's Findings be Challenged? (June 24, 2021)

What Construction Can Continue in Ontario after April 17, 2021? An Overview and Discussion (April 17, 2021)

A New Excess Soils Regulation Comes to Ontario: An Entirely New Regime with an Entirely New Focus (January 18, 2021)

An Update on the Law of Liquidated Damages, Deposits and other Forfeiture Clauses in Ontario (October 13, 2020)

Uber, Standard Form Construction Contracts and

the Supreme Court of Canada (July 29, 2020)

Legislative Relief from the Economic Impact of COVID-19: Should Contracts/Subcontracts Be Amended by Legislation? (April 26, 2020)

Two Significant Easter Weekend Amendments to Ontario's

Emergency Management and Civil Protection Act (April 11, 2020)

What Construction Can Continue in Ontario After April 4, 2020?

Construction Has Been Ordered Substantially Shut Down in Ontario:

Who Bears the Cost of Delay and What Might Those Be? (April 5, 2020)

Are Lien Expiry Periods Really Suspended in Ontario and, if so,

What About the Holdback? (March 27, 2020)

COVID-19 and Workplace Slowdowns and Stoppages in Ontario:

Contractual Rights, Practical Strategies and a Webinar (March 24, 2020)

A Tale of Three Construction Newspapers:

Triple the Searches, Triple the Risk in Ontario? (March 12, 2020)

Factors to Consider in Drafting Contracts When Standard Forms May Not Be Appropriate (February 17, 2020)

When is a Lien Lifted from Title in Ontario? Can an Owner withhold Funds Pending Certification by the Land Title Registrar? (January 27, 2020)

CCAA Proceedings and the Labour and Material Bond Claim (January 13, 2020)

The Transition Provisions of Ontario's Construction Act:

Should they Apply on a "Single Improvement" Basis? (December 2, 2019)

Construction Litigants Beware: Unresolved Gaps, Confusion and Inconsistencies in the Construction Act, R.S.O. 1990, c.C30. (October 23, 2019)

Are You Ready for Prompt Payment and Adjudication? Free Seminars, Guides and Cheat Sheets! (September 11, 2019)

New Monetary Amounts/Thresholds Under the Construction Act

(August 20, 2018)

Can a Termination for Convenience Clause be Exercised in Bad Faith?

In Ontario, the Answer Appears to be 'Yes'. (July 31, 2018)

New Bonding Requirements for Public Sector Contracts:

This One is Important! (July 16, 2018)

Part of the Construction Act Comes Into Force July 1, 2018:

Lien Time-Frames, Phased Holdback and Other Changes (June 25, 2018)

It's the End of the World as We Know It:

Prompt Payment and Adjudication Are Coming to Ontario (January 4, 2018)

Ontario's New Construction Act is Coming:

of New Lien Procedures and Enhanced Trust Obligations (January 4, 2018)