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Legal Blog:
Jan
02
2014
Property Damage
Sometimes contractors make mistakes and damage the project on which they are working. We have discussed the effect of those mistakes on a number of occasions (see newsletters of May 1998, January 2003, September 2005). The latest twist to the problem was discussed in Williams-Sonoma Inc. v. Oxford Properties Group Inc., a 2013 decision of the Ontario Court of Appeal.
Continue Reading >Jan
02
2014
Boot Strap
Contractors have a specified time to register a claim for lien. Subject to other limitations, a contractor must register a claim for lien within 45 days of its last work on a project. Contractors, who suddenly realise that their lien rights have expired, have been known to manufacture extra work to restart the lien period. Hard to believe, but it’s true. Sometimes extra work is real and sometimes it is a pretense. Sometimes the differentiation is easy to discern and sometimes it is not. In Louch v. Louch, a 2013 Ontario Divisional Court decision, the differentiation seemed to be relatively easy.
Continue Reading >Jan
02
2014
Property Damage
Sometimes contractors make mistakes and damage the project on which they are working. We have discussed the effect of those mistakes on a number of occasions (see newsletters of May 1998, January 2003, September 2005). The latest twist to the problem was discussed in Williams-Sonoma Inc. v. Oxford Properties Group Inc., a 2013 decision of the Ontario Court of Appeal.
Continue Reading >Jan
02
2014
Status
We have previously discussed two cases (see newsletters of January 2002 and January 2009) in which a corporation that has been dissolved – probably for non-payment of taxes or failure to file tax returns – registers a claim for lien and commences an action. In these cases, the corporations were revived and wanted to carry on as if nothing unusual had happened.
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