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Legal Blog:

Jan
01
2004

Limitations

Posted in Construction

You all know the usual limitation periods: six years for contract and tort, no limitation for breach of trust. Gone. As of January 1, 2004, there is a new Limitations Act.

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Jan
01
2004

Bond Rules

Posted in Construction

Bonds often have a set of very specific rules that the persons for whose benefit the bond has been given, the obligees, must follow to make a valid claim against the surety. The law relaxes some of these provisions in certain circumstances, but it is always better to fall within the provisions of the bond, rather than to go cap in hand to the court to force the surety to pay. This was demonstrated in Whitby Landmark Development Inc. v. Mollenhauer Construction Ltd., a 2003 decisions of the Ontario Court of Appeal.

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