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Posted in Construction

The Ontario Superior Court of Justice is a court of general jurisdiction. With some exceptions, judges do not specialise in any area of the law. There are certainly no specialist judges, outside of Toronto, in construction law. Usually, it does not matter; able counsel can ensure that the judges understand the law and the judges, after climbing a learning curve, are capable of making decisions that generally make some sense. Sometimes, however, a judge just does not get it or, worse, gets only a part of it and renders a decision that makes no sense at all. Such was the case in David J. Harvey Holdings Inc. v. Hercules Food Equipment Ltd., a 2004 decision of the Ontario Superior Court of Justice.

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