Legal Blog:

Krystyne Rusek’s Appointment as Technology Liaison for the Trusts and Estate Law Section Executive of the OBA

Congratulations to our Krystyne Rusek for her appointment as the Technology Liaison for the Trusts and Estate Law Section Executive of the Ontario Bar Association (OBA). The OBA, a branch of the Canadian Bar Associations, represents close to 17,000 lawyers, judges, notaries, law teachers and law students from across the province, and the voice of Ontario’s legal profession. Krystyne’s dedication and expertise promise to enrich her practice, strengthen our firm, and enhance the service we provide to our clients while advancing the profession.

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Exclusion Clauses

What happens when a contractor buys material from a supplier and the material that is supplied is not in accordance with specifications? Does the answer to this question change when the supplier specifically states that the contractor is to test the material before it is supplied and, if it fails to do so, can make no claim regarding the quality of the material? These questions were answered in Earthco Soil Mixtures Inc. v. Pine Valley Enterprises Inc., a 2024 decision of the Supreme Court of Canada.

Factual Background

The City of Toronto hired a contractor to remediate the effects of basement flooding in a residential area. The remediation including the removal and replacement of existing topsoil with another topsoil better suited to water drainage. The prime contract initially called for a substantial performance date of August 19, which was ultimately extended to October 15. Liquidated damages applied for every working day thereafter.

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