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Legal Blog:
Nov
15
2013
Can a person waive his or her rights under the Construction Lien Act?
It is not possible to contract out of the Construction Lien Act (the “CLA”). Consequently, an agreement by any person who supplies services or materials to an improvement that the CLA does not apply to the person or that the remedies provided by the CLA are not available to the person is void
Continue Reading >Nov
11
2013
What is a “written notice of a lien” under the Construction Lien Act?
A “written notice of a lien” includes a claim for lien and any written notice given by a person having a lien that identifies the payer and the premises, and states the amount that has not been paid and is owed by the payer
Continue Reading >Nov
08
2013
What are “wages” under the Construction Lien Act?
“Wages” mean the money earned by a worker for work done by time or piece work, and includes all monetary supplementary benefits, whether provided by statute, contract, or collective agreement
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05
2013
Who is a “payer” under the Construction Lien Act?
A “payer” is the owner, contractor or subcontractor who is liable to pay for the materials or services supplied to an improvement under a contract or subcontract
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04
2013
What is a “subcontract” under the Construction Lien Act?
A “subcontract” is any agreement between the contractor and the subcontractor, or between two subcontractors, relating to the supply of services or materials to the improvement and includes any amendment to that agreement
Continue Reading >Nov
01
2013
Mistake
In our newsletter of January 2012, we discussed the case of Asco Construction Ltd. v. Epoxy Solutions, in the context of the legal principles, such as they were, in which the case was decided. The decision was appealed to the Ontario Divisional Court, which decided the matter in a manner completely different from the trial decision.
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