- So you want to amend a pleading? Not so fast! Featured - Case Study: McConnell v. Fraser - Eric W.D. Boate, November 06, 2020
- Long fight ends in judgement to Plaintiff includes interest plus costs: Featured Case Study: Infinity Construction Inc. v. Skyline Executive Acquisitions Inc. et al. - Stephen Barbier, March 12, 2020
- Featured Case: Summary Judgment in Third Party Claims Alive & Viable on Claims for Contribution & Indemnity , MB Newsletter, August 18, 2016
- North Toronto Chinese Alliance Church v. Gartner Lee Ltd. , Court File No. 59814/01, September 08, 2011
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Whether in times of boom or bust, the one constancy in Canada’s major metropolitan centres is construction. Along with the commercial opportunities afforded to all manner of professionals come the risks inherent with such a venture. Work stoppages, municipal regulations, health and safety concerns, payment issues, and liens: each of these can cause interruptions and headaches in even the smallest project. With the recent update to the Construction Act along with the introduction of both the Prompt Payment regime and Interim Adjudication, specialized knowledge is more vital than ever in navigating this field.
The complex relations among the various parties who play a role in this process and the overlapping legal regimes that regulate those relationships require the assistance of a capable legal team.
Our experienced team of lawyers provides a full range of advice in all areas during the construction process, including related disputes and litigation. We routinely act for all significant stakeholders in this industry, including:
- Owners
- Developers
- Architects
- Engineers
- Contractors
- Sub-contractors
- Sureties
- Financial Institutions
- Lenders
Our Construction Law Group assists with all infrastructure issues, including construction litigation, liens, disputes before ODACC, trust claims, bond claims, contract interpretation, and all other areas of concern that could arise during a construction project.
Most importantly, we respond to the urgent needs of our clients and work with them to craft practical and timely solutions to minimize conflicts and, where possible, to avoid disputes entirely. Whether disputes are suited to alternative dispute resolution (ADR) or the Courts, our wealth of experience ensures our clients receive the appropriate options to resolve matters favourably.
Notably, Howard Borlack, the co-chair of the group, has been recognized by Lexpert as one of Canada’s Leading Construction and Infrastructure Lawyers.
Please contact any member of the team for further information or assistance.
- Improperly sued? Can you recover costs if the action is dismissed? Rule 23.05 by Alan S. Drimer, February 03, 2022
- All-Inclusive and Without Costs Rule 49 Offers by Van Krkachovski, June 29, 2021
- Loss of Care, Guidance, and Companionship Damages: A New Benchmark? Case Study: Moore et al., v. 7595611 Canada Corp. by Alan S. Drimer, June 28, 2021
- Claim for Loss of Opportunity Damages - Case Study: Akelius Canada Inc. v. 2436196 Ontario Inc by Howard Borlack, January 18, 2021
- Disengaging Assets subject to a CCAA Proceeding - Case Study: Teliphone Corp. v. Ernst & Young Inc. by Howard Borlack, January 18, 2021
- Silence is not golden when it comes to contracts - Case Study: C.M. Callow Inc. v. Zollinger by Howard Borlack, January 08, 2021
- Expert Evidence May Not Trump in Summary Judgment: Cases Case Study: Haley v Stepan by Michael Kennedy, December 16, 2020
- So you want to amend a pleading? Not so fast! Featured - Case Study: McConnell v. Fraser by Eric W.D. Boate, November 06, 2020
- Protecting Contractors is Paramount - Case Study: Urbancorp Cumberland 2 GP Inc. by Howard Borlack, November 06, 2020
- Jury Questions: When to Ask for Reasons - Case Study: Cheung v. Samra 2020 ONSC 4904 by Michael Kennedy, September 28, 2020
- The Court exercises its "Fact Finding Powers" - Case Study: Carmichael v. GSK Inc. by Howard Borlack, September 26, 2020
- Ontario Courts updating online infrastructures to accommodate COVID-19 needs for safety by Howard Borlack, August 11, 2020
- Updates around Civil Matters in the Superior Court of Justice in the Central East Region by Howard Borlack, August 10, 2020
- Corrosion exclusion denied due to ambiguity: This author disagrees with the determination in case: MDS Inc. v Factory Mutual Insurance by Hillel David, June 24, 2020
- A Plea for Simple Pleadings , McCague Borlack LLP, May 31, 2020
- Factors to consider during the tendering process - Case Study: Aquatech Canadian Water Services v Alberta (Minister of Environment and Parks) by Howard Borlack, May 23, 2020
- COVID-19: Business interruption – Tangible property and loss of use in the Ontario Courts by Peter F. Yaniszewski, April 29, 2020
- COVID-19: Taking stock of urgent motions by Ashley Faust, April 15, 2020
- COVID-19: Business interruption – Are you covered? by Peter F. Yaniszewski, April 14, 2020
- Long fight ends in judgement to Plaintiff includes interest plus costs: Featured Case Study: Infinity Construction Inc. v. Skyline Executive Acquisitions Inc. et al. by Van Krkachovski, March 12, 2020
- Construction Act Reforms: Now in Effect! - Ontario Dispute Adjudication for Construction Contracts (ODACC) by Stephen Barbier and Eric Turkienicz, November 15, 2019
- Down the Path to the End Finality: A Case Study of Gillham v. Lake of Bays (Township) by Jessica Grant, September 19, 2018
- Subrogating Claims in the Construction Context: They Do Exist by Jessica Grant, September 08, 2018
- To Warn or Not To Warn: An Explanation of the Duty to Warn and the Reasonable Foreseeability Analysis: Case Comment: Maxrelco (Immeubles) v Lumipro Inc. by Howard Borlack, June 29, 2018
- Common Interest Privilege: A New Tool in the Litigation Basket by Howard Borlack, May 25, 2018
- Proposed changes to Ontario's Construction Lien Act - Update 2 by Eric Turkienicz, First published in MB Client Newsletter, June 23, 2017
- Stipulated Remedy Clauses by Hillel David, February 24, 2017
- Injunctions To Restrain Breach Of Contract by Hillel David, February 24, 2017
- Mould Growth Personal Injury Claims Spreading by Matthew Dugas, First published in the Client Newsletter., December 13, 2016
- Back to Basics on Betterment: A Primer on Recent Judicial Decisions Pertaining to the Issue of Betterment , First sent by MB Client Newsletter, December 07, 2016
- Expert Review of Ontario's Construction Lien Act by Eric Turkienicz, October 06, 2016
- The Supreme Court Rules on Faulty Workmanship Exclusions and Interpreting Standard Form Contracts , October 06, 2016
- Fault Exclusions in Course of Construction Policies: Ledcor and Acciona Infrastructure , First published in the Toronto Law Journal, April 30, 2015
- Ontario Court of Appeal releases decision in expert evidence case , MB Newsletter, January 29, 2015
- Sable Offshore Energy Inc. v. Ameron International Corp., 2013 SCC 37 , First presented at an MB Client Seminar, June 11, 2014
- Ontario Court of Appeal confirms that home buyers are not barred by the provisions of the Ontario New Home Warranties Plan Act from pursuing remedies in the courts , McCague Borlack LLP's Subrogation Newsletter, December 31, 2008
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