Webinars
Focused and practical advice at your convenience
Our complimentary 1-hour sessions cover a variety of topics ranging from new developments to refreshers on key legal issues. Register to join our live webinar, with an interactive Q&A session, or watch or listen to the recording on-demand at your convenience.
Case Law Webinars
So You’re Unhappy with the Result? Appeals and Judicial Review of Construction Related Decisions
In litigation, there is always a chance (even if slim) of being on the receiving end of an unexpected and unfavorable decision from a Judge or Adjudicator. Unsuccessful parties often need to decide quickly whether to challenge a decision, on what basis they can challenge a decision, and in what forum they need to bring (or request leave/permission) an appeal and/or judicial review. Join lawyers from Kennaley Construction Law in conversation about what the processes of appeal and judicial review involve, as well as strategic considerations for you to help decide what may be the next right move when the time comes.
Lessons Learned from Key Recent Decisions on Delay and Flow-Through Claims
Ontario’s Divisional Court, in Demikon Construction Ltd. v. Oakleigh Holdings Inc., addressed whether an owner use the Construction Act to jump a rung and directly pay subcontractors who do not have liens, without obtaining an assignment from the trade or direction for the contractor. In Walsh Construction v. Toronto Transit Commission, the court addressed whether a contractor could recover from the owner for amounts it paid to subcontractors for disputed claims, where the subcontractor’s actions were dismissed upon the payments being made and, again, where no assignments were given.
Also in Walsh v. TTC, the Court was required to determine the validity of Walsh’s $267 million delay claim, where multiple expert reports were filed and where “concurrent” delay was an issue.
These two cases should be of interest to anyone in the construction industry who might have to deal with, either, flow trough or delay claims. In this Webinar we will discuss lessons to be learned from these cases, along with strategies which can be taken to address delay and flow through claims in practical terms.