For the GCs among you:
We have a new CCDC41 2020. You may think it applies only to a CCDC2 2020 form of contract, but you would be wrong. For example, section 11.1.1 of CCDC2 2008 states:
… the Contractor shall provide, maintain and pay for the following insurance coverages, the minimum requirements of which are specified in CCDC 41 – CCDC Insurance Requirements in effect at the time of bid closing
Section 11.1.1 of CCDC5B 2010 is identical and, I expect, all the other CCDC contracts are the same or similar. The point is: subject to any supplementary conditions, CCDC41 2020 governs insurance regardless which CCDC form of contract you use.
The insurance coverage in CCDC 41 increases most limits from $5mil to $10mil. The extra premium should be included in your tenders and your insurance coverage should comply.Continue Reading >
Dora Konomi, an associate with Speigel Nichols Fox LLP, is the recipient, for a second consecutive year, of the prestigious Canadian Ethnic Media Awards for Journalist Excellence in the radio category for 2020 on her story “Saving Baby Michael.” In addition to being a dedicated commercial litigator, Dora is also a community advocate who supports local causes and highlights stories of interest through her radio show, the Doralicious Show, airing in Toronto and Ottawa. Saving Baby Michael is the story of Michael, an 18-months old boy, who was diagnosed with an ultra-rare disease, SPG50, and his parents’ struggle to raise funds for a cure.
The video is available here (starting at 17:27).
Read the press release here.
The podcast is available here.Continue Reading >
During the pandemic, our lawyers are finding engaging ways to stay connected and share their insights. On October 28, 2020, Kim Ferreira, partner with Speigel Nichols Fox LLP, presented “Discovery is a Tool. Cross is an Art” at Peel Law Association’s virtual CPD. Kim provided an overview of the process of examinations for discoveries in the civil context and contrasted it to cross-examinations at trial. He also provided useful tips on how to conduct a virtual examination. Kim then discussed the issues with the Honourable Justice A. William J. Sullivan and answered questions from the audience.
If you would like a copy of the presentation, contact Kim at: firstname.lastname@example.orgContinue Reading >
COVID-19 has brought much uncertainty to our workplace office but looking back on the past seven months, our response to this pandemic has been remarkable to say the least! Read this article to see what we did and how.
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Irving Fox Speaking at Restaurants Canada’s Rapid Recovery Series Webinar: Navigating Landlord and Tenant Agreements
On June 10, 2020, Irving Fox, the head of our business law and commercial real estate groups, spoke at Restaurants Canada’s Rapid Recovery Series: Navigating Landlord and Tenant Agreements. Irving discussed issues concerning termination of a commercial lease and distress. More specifically, he addressed applicable legislation, types of defaults, landlords’ remedies, and tenants’ options.
You may find the presentation here.Continue Reading >
On April 24, 2020, Asad Moten, an associate at Speigel Nichols Fox LLP, presented at LSO’s “Key Principles in Commercial Litigation” CPD event. More specifically, Asad touched on written and oral advocacy in the commercial context and presented helpful tips on how to improve advocacy skills. Notably, this was LSO’s first full-length CPD program coordinated, recorded, and presented via Zoom.Continue Reading >
On April 16, 2020 Allison Speigel, partner at Speigel Nichols Fox LLP, co-chaired the Ontario Bar Association’s CPD entitled “Maintaining Your Litigation Practice in a Remote Work Environment”. Allison addressed issues that lawyers might be facing while working under lockdown during the COVID-19 pandemic.
Watch the video here starting at 57’12.
Find out more about the OBA Civil Litigation Virtual Chat Series here.Continue Reading >
On April 2, 2020, I notified you that the Ontario government enacted a regulation (73/20) suspending any limitation period for the duration of the emergency (commencing March 16, 2020). This created major problems regarding claims for lien, perfection of actions, and the distribution of holdback funds. I advised: “Accordingly, for the moment, payors cannot safely pay holdback – even assuming that the payors have received the holdback from other payors one rung above them on the construction ladder.”
By order in Council made April 9, 2020, the Ontario government amended O Reg 73/20 by removing its applicability to the Construction Act and its regulations on and after April 16, 2020. By doing so, the government implicitly recognised that O Reg 73/20 did apply to the Construction Act to extend times to preserve and perfect a claim for lien. Accordingly:Continue Reading >
On March 20, 2020, the Ontario government suspended any limitation period for the duration of the emergency. A copy of that regulation can be found here. This is an example of the law of unintended consequences.
It makes perfect sense for the usual run-of-the-mill limitation period (i.e. commence an action within 2 years of the day that the cause of action arose, subject to discoverability). It does not make sense for the provision of the Construction Act mandating the date upon which a claim for lien must be preserved. This date is crucial to the flow of money on a construction project. Holdback cannot safely be released until after the basic preservation dates for all liens have passed, be it 45 days or 60 days depending on whether the old Act or the new Act applies. If a payor cannot safely pay the holdback – because a construction lien could be registered far beyond the basic preservation date (relying on the extension of that date in accordance with the limitation period suspension), then payors will not pay that holdback; similarly, construction financing will not be forthcoming for the holdback.Continue Reading >