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Legal Blog:
Mar
01
2003
Timely ADR
In our newsletter of September 1996, we set out a detailed explanation of the alternative dispute resolution procedures in the then relatively new CCDC2 1994 standard contract. Since the advent of that contract, however, we have found that little has changed. The courts still deal with most construction disputes and parties pay little more than lip service to the dispute settling mechanisms in their contracts. However, the times they may be a changin. They certainly changed for the general contractor in Brock University v. Stucor Construction Ltd., a 2002 decision of the Ontario Superior Court of Justice.
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01
2003
Leaky Bid
After all of the high level decisions on the law of tender, one would think that tender disputes could easily be resolved because the law is so clear. Unfortunately, it does not work that way. The law may be relatively clear but the facts rarely are. They seem clear after the reasons for decision are handed down but, by that time, their murkiness has been distilled by a trial. A case in point is Silex Restoration Ltd. v. Strata Plan VR 2096, a 2002 decision of the British Columbia Supreme Court.
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