Sangha Construction Law – Blog

Frivolous Lien Results in Costs Against the Lien Claimant Of $130,000!

Date: June 2023 A recent decision from Associate Justice Wiebe serves as a clear reminder that registering a lien without merit can lead to significant cost consequences. In this case, following a finding that a lien claimant had registered a frivolous and vexatious claim for lien, parties were instructed to provide cost submissions.With an upcoming …

Frivolous Lien Results in Costs Against the Lien Claimant Of $130,000! Read More »

Document Your Way to Success: Safeguarding Construction Projects!

Date: June 2023 In construction, documents are key. When a party fails to document a construction project sufficiently, the prospect of success in the event of a dispute becomes significantly worse. Imagine investing countless hours, resources, and energy into a construction project, only to face a legal dispute that threatens everything you’ve worked for. Don’t …

Document Your Way to Success: Safeguarding Construction Projects! Read More »

Lien Actions vs. Regular Civil Actions….they are not the same.

Date: June 2023 As a construction lawyer, I always make sure that my client or prospective client understands the significance of registering a lien on title (and eventually commencing a lien action). The decision to do so should not be taken lightly, and once registered a lien claimant has an obligation to act with expediency …

Lien Actions vs. Regular Civil Actions….they are not the same. Read More »

Are portables built for a school, “improvements” and lienable under the Construction Act?

Date: April 2023 The question of whether there has been an “improvement” within the meaning of the Construction Act is not always straight-forward. In a recent decision on a summary judgment motion, Justice A. Doyle, does a great job laying out development in the law on this question. After a thorough review of the legal …

Are portables built for a school, “improvements” and lienable under the Construction Act? Read More »

Additional guidance with respect to the transition provisions of the Construction Act.

Date: April 2023 A recent motions decision from Associate Justice Wiebe provided some additional guidance with respect to the transition provisions of the Construction Act. In his decision, AJ Wiebe had to determine whether the owner’s contract with the construction manager was a “contract for the improvement” under the transition provision at s. 87.3(1)(a) of …

Additional guidance with respect to the transition provisions of the Construction Act. Read More »

The Divisional Court provides guidance for motions seeking leave to bring judicial review under the Construction Act.

Date: April 2023 A few weeks ago, the Divisional Court dismissed a motion for leave to bring an application for judicial review of an adjudicator’s determination. Before this decision, the Divisional Court had not provided much by way of prior guidance respecting the test for leave to apply for judicial review under s. 13.18(5) of …

The Divisional Court provides guidance for motions seeking leave to bring judicial review under the Construction Act. Read More »

Important decision for litigators in Ontario about filing only what is necessary on a motion.

Date: March 2023 A December 2022 decision from Justice Edwards discussed the importance of filing only the most necessary materials onto Caselines and the “12 Ways to Win Your Motion” (paragraph 15 of the decision). The legal profession (especially prior to the pandemic) was stuck in the past (in some ways it still is) but …

Important decision for litigators in Ontario about filing only what is necessary on a motion. Read More »

Security for costs in the context of a construction lien matter.

Date: March 2023 A recent motions decision with respect to security for costs in the context of a construction lien matter discusses the evidentiary burden on a plaintiff who alleges “impecuniosity”. Simply put, while a plaintiff is entitled to take the position that it is “impecunious” in order to avoid posting security for costs, it …

Security for costs in the context of a construction lien matter. Read More »

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