Legal Blog

S. 39 Request for Information

Epoxy Flooring & Painting Inc. v. Gillam Group Inc. 2019 Ont SCJ (MC)

A subcontractor sent a section 39 request for information pursuant to the Construction Act and, notwithstanding follow-up letters, neither the contractor nor the owner complied with the request. The subcontractor brought an application and, only after it did so, did the respondents either deliver the information or agree to do so. The owner also had to deliver a statement showing the dates of payment to the general. The master ordered costs noting that there needed to be “a message that parties cannot treat s. 39 written request cavalierly.”

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.