Legal Blog:

Trust Setoff and Maintaining Separate Accounts

The defence of setoff arises in almost every construction dispute. One party (e.g. a general) claims that another party (e.g. an owner) owes money to it. The owner acknowledges that it may appear that it owes money to the general; however, it actually owes less or no money to the general because it has a valid claim against the general that offsets the amount the general is claiming.

Panel Discussion on Rogers Television

Hazel McCallion moderates a panel discussion about why it’s important to hire local professionals. Guests on the show include: David Wojcik, President & CEO, Mississauga Board of Trade; Marc Belaiche, President, TorontoJobs.ca; Mahzulfah S. Uppal, Lawyer, Prouse, Dash & Crouch, LLP and the then president of the Peel Law Association; Allison J. Speigel, Lawyer, Speigel Nichols Fox, LLP; Vince Gambino, Director of Acoustics.

Tender Words

When determining whether an owner breached its duty to award a contract in accordance with tendering principles, the court always looks at the documents in the call for tenders. It certainly did so in Todd Bros Contracting Ltd. v. Algonquin Islands (Township), a 2015 decision of the Ontario Court of Appeal.

Appeal – Discretion/Reasons for Decision/Standards of Review

Read Jones Christoffersen Ltd. v. Neilas Inc. 2016 Ont CA

Judge granted judgment on summary judgment motion, stating only that he found there was no genuine issue for trial (i.e. he made no findings of facts and gave no reasons for his conclusion, nothing). The Court of Appeal set aside the decision because the decision did not meet the minimum standards for meaningful appellate review: reasons have to provide “insight into how the legal conclusion was reached and what facts were relied upon in reaching that conclusion.” The Court felt that it would be unfair to “visit the costs on either party at this stage of the proceedings.” It therefore fixed costs of the appeal at $7,500, payable in the cause.