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

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 […]

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Building Contract-Inducing Breach of Contract

Construction Law Canada    January 23, 2011 Inducing Breach of Contract – Building Contracts Today we examine the application of the tort of Inducing Breach of Contract to the field of Building Contracts.  The New Brunswick Court of Appeal recently dealt with this tort in its decision in SAR Petroleum et al. v. Peace Hills Trust […]

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A Contentious Insurance Issue – The Scope of the Duty to Defend Under a CGL Policy

Today we will examine a recent decision of the Supreme Court of Canada relating to Insurance Law and the insurer’s Duty to Defend in the context of construction projects:  Progressive Homes Ltd. v. Lombard General Insurance Co. of Canada. This case provided the Supreme Court with an opportunity to consider a contentious issue in Canadian […]

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Unjust Enrichment

Unjust Enrichment–Construction lien action:  A supplier cannot assert an unjust enrichment claim against an owner, particularly if the contractor has asserted a construction lien claim.  The contract between the owner and the contractor is a juristic reason for the unjust enrichment claim being disallowed, and the absence of any dealings between the owner and the […]

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Unjust Enrichment-Construction lien action

Unjust Enrichment-Construction lien action:  If a construction lien claim is struck down because the claim does not meet the technical requirements of the Construction Lien Act, a personal claim in unjust enrichment may be made if it arises out of the same circumstances as the lien: Juddav Designs Inc. v. Cosgriffe, 2010 ONSC 6597

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Date of last supply of services or material

Construction Lien Act- Date of last supply of services or material: Repair or deficiency work will not extend the 45 day period under s. 31 of the Ontario Act for the registration of the lien, even if the repair work arises from external forces such as weather: Vaughan-Scape v. Watermark Developments, 2010 ONSC 1365. See

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Construction Lien Act-Date of last supply

Construction Lien Act – Date of last supply of services and materials: The attendance by a paving reinforcement subcontractor at an off-site meeting to deal with the claim of that subcontractor and the main contractor does not amount to the supply of services and does not extend the lien period: Hugormark v. HMTQ, 2010 ONSC […]

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Date of last supply of services and materials-Consultant

Construction Lien Act-Date of last supply of services and materials-Consultant:  The supplier returned to site to install materials due to error in instructions from owner.  The time for filing lien ran from the date of that attendance. Certificate of completion issued by the owner, instead of a consultant, was ineffective to cut off the date […]

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Lien by Related Company

Construction Lien Act –  Lien by related company: If the lien is filed by a related company to the owner such that it would be unjust to allow the same group to lien their own property, the lien may be discharged: Federated Contractors v. Ann-Maura Developments, 2010 ONSC 346

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