Read the full paper accompanying Michael Moll’s presentation on Bylaw Enforcement without Involving the Court given at the LGCEA Annual Conference on April 10th, 2025.
Articles & Publications
Publication, Staff | April 9, 2025 |
Builders Lien Basics II: Tenants, Deemed Authorization, and Notices of Interest
A builder’s ability to protect its interest in work on a property by registering a lien on title can be complicated where that work is done not at the request of the owner, but at the request of a tenant. In balancing the parties’ competing rights, the Builders Lien Act permits an owner to disclaim any responsibility for work it did not request. In the case of an unregistered lease, a builder may lose the chance to protect its interest with a lien entirely.
As published in the NRCA’s Northern Construction Connection April 2025 Newsletter and VICA’s e-New.
Publication, Staff | March 13, 2025 |
Discharging a Section 219 Covenant Without the Grantee’s Permission: An Application of Section 35 of the Property Law Act
Section 219 of the Land Title Act permits special covenants to be registered in the Land Title Office on title to land. These covenants (known as “Section 219 Covenants”) can only be granted in favour of specific organizations and entities. Section 219 Covenants must be in respect of the use of land or a building on or to be erected on land and, unlike common law covenants can impose positive obligations as well as restrictions on the landowner.
As published in the NRCA’s Northern Construction Connection March 2025 Newsletter and VICA’s e-New.
Publication, Staff | February 12, 2025 |
Tariffs from the Contractual Perspective
In February 2025, after weeks of looming threats, the Trump administration announced its decision to impose a 25% tariff on Canadian imports, citing border security concerns. In retaliation, Prime Minister Justin Trudeau announced a reciprocal 25% tariff on American imports. Tariffs, both threatened and realized, stand to cause considerable strain on the construction industry…
As published in the NRCA’s Northern Construction Connection February 2025 Newsletter and VICA’s e-New.
Publication, Staff | January 8, 2025 |
Shop Drawings v. Contract Documents
There is a common misconception among owners and contractors that shop drawings are part of the contract documents under a typical CCDC construction contract. This misconception can affect the parties’ understanding of their contractual responsibilities and result in unintended legal consequences.
As published in the NRCA’s Northern Construction Connection January 2025 Newsletter and VICA’s e-New.