Thomas G. Heintzman and Construction Law Canada | Construction Law and Arbitration in Canada | Page 28

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

Construction Lien action – Discovery Planning

Discovery planning is not necessarily part of a lien action since s. 67(2) of the Ontario Act mandates that interlocutory proceedings are not to be undertaken unless needed and only with leave of the court: Lecompte v. Doran, 2010 ONSC 6290

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Construction Lien Action-Security for Costs

Construction Lien Action – Security for Costs In a motion by the defendant to require the plaintiff in a lien action to post security for costs, bald assertions of impecuniosity by the plaintiff are insufficient.   The plaintiff must provide supporting documentation as to whether the sole shareholder can borrow against the remaining assets of the […]

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Construction Lien Action – Summary Judgment

Leave to bring a summary judgment motion can be granted under s. 67(1) of the Ontario Act in a construction lien action; 6007325 Canada Inc. v. LPQ 18 Yorkville Avenue Inc. and Great Gulf (Yorkville) Ltd., 2010 ONSC 2844

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Building Contract-Novation

Building Contract-Novation:  Novation of a construction contract may occur if:  the new debtor assumes complete liability; the creditor accepts the new debtor as principal debtor and not merely as an agent or guarantor; and the creditor accepts the new contract in full satisfaction and substitution for the old contract. On the proper reading of a […]

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Construction Lien Act – Improvement

January 2011 Construction Lien Act – Improvement:  The Ontario Construction Lien Act has been recently amended to broaden the definition of “improvement”.  That definition now includes the installation of industrial, mechanical, electrical or other equipment on the land or any building, structure or works on the land that is essential to the normal or intended […]

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Name of Lien Claimant-Strict Construction

Construction Lien Claim – Name of lien claimant-Strict Construction:  When the owner consented to the amendment of the lien claimant to the name of the corporate plaintiffs and pleaded to that claim admitting that the contract was with the corporation, it could not later rely on strict compliance with the Act and insist that the contract […]

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Trust Fund Claim by Supplier

Construction Lien Action- Trust Fund Claim by Supplier:  In order for a trust fund claim to arise under s. 8 of the Ontario Act in favour of a supplier, it is not necessary that the supplier intended that the material be used for the purposes of a known and identified improvement. It is sufficient if: […]

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