Thomas G. Heintzman, O.C., Q.C., FCIArb

Tenders in Construction Projects – Which Limitation Period Applies?

What is the limitation period for the commencement of an action arising from a tender in a construction project? If the owner is a municipality or other public body, does a limitation period in its incorporating legislation apply to the tender?  These were the questions recently faced by the Prince Edward Island Court of Appeal […]

Continue Reading

Jagosky v. Huntsville

This decision was upheld by the Ontario Court of Appeal on April 26, 2011: Jagosky v. Huntsville (Town), 2011 ONCA 324 (CanLII)  http://bit.ly/kIB5Sz

Continue Reading

When Does The Limitation Period Start For A Negligent Construction Claim?

An addition to my April 17, 2011 article on the start of a limitation period for a negligent construction claim has been made due to a  recent decision by the Ontario Superior Court of Justice. The principle in the Timminco case was recently adopted and applied by the Ontario Superior Court of Justice in Jagosky […]

Continue Reading

When Does the Limitation Period Start For A Negligent Construction Claim?

When Does the Limitation Period Start For A Negligent Construction Claim? The law of Limitations creates a difficult question for those involved in construction projects: When does the limitation period begin for a claim in negligence arising from a construction project?   In Timminco Ltd. v. ABB Industrial Systems Inc., an Ontario judge recently held that […]

Continue Reading

Limitation Period for Construction Project Claims

January 30, 2011 Limitation Period for Construction Project Claims This week I will examine a recent decision of  the Court of Appeal for Ontario which has settled an important issue concerning the Limitation period for actions arising from construction projects.  In Waterloo Region District School Board v. Truax Engineering Ltd, the Court confirmed that the limitation period for […]

Continue Reading
Page 3 of 3123