The summer of 2021 has seen unprecedented flooding, wildfires, heat waves, heavy rainfall, and other alarming weather-related events. The Intergovernmental Panel on Climate Change recently released its latest report (the “Report”) which confirms that much of the devastating weather events we have experienced this summer are the result of human-caused climate change.
Articles & Publications
Publication, Staff | September 15, 2021 |
Modern Means Of Communication
You may be legally bound by your casual texts.
In the current times, the concept of “wet ink” writing is no longer the norm. With the proliferation of technology, the law tries to keep up and allows a broader interpretation to statutory and contractual requirements that a document be in writing to accommodate the reality of the modern means of communication.
As published in the NRCA’s Northern Construction Connection September 2021 Newsletter, and VICA’s e-News.
Article, Staff | August 10, 2021 |
Legal Constraints on the Freedom of Contract
On July 19, 2021, the Supreme Court of British Columbia found that the City of New Westminster’s termination of a private licence agreement to rent its facility, infringed the Redeemed Christian Church of God, also known as the Grace Chapel’s Charter right to freedom of expression, and may have infringed its right to freedom of religion in Redeemed Christian Church of God v. New Westminster (City), 2021 BCSC 1401.
Publication, Staff | August 9, 2021 |
Don’t Forget A Contract: Hodder Construction (1993) Ltd. v. Topolnisky
A recent decision by the British Columbia Supreme Court shows the importance for both contractors and owners to have a written contract, and the pitfalls that can result when parties proceed on a project without one.
As published in the NRCA’s Northern Construction Connection August 2021 Newsletter, and VICA’s e-News.
Publication, Staff | July 21, 2021 |
Contractual Compliance & Claiming Damage
Delays of the completion of construction projects are quite common. Therefore, contracts for such projects often contemplate delays and may prohibit or allow for contractors to recover additional costs that may arise from delays. However, the recent case of Elite Construction Inc. v. Canada confirmed that strict compliance with contractual notice provisions is a prerequisite to claiming damages for delay.
As published in the NRCA’s Northern Construction Connection July 2021 Newsletter, and VICA’s e-News.
Publication, Staff | June 15, 2021 |
The Ontario Court Placed COVID-19 Risks on Owner – Crosslinx v. Ontario Infrastructure
The recent case of Crosslinx v Ontario Infrastructure, arose out of the effects that the COVID-19 pandemic has had on the construction of the Eglington Crosstown Light Rapid Transit line in Toronto.
As published in the NRCA’s Northern Construction Connection June 2021 Newsletter, and VICA’s eNews.
Publication, Staff, Students | May 15, 2021 |
Under Construction: Concurrent Delay Claims and the Courts
Though construction contracts require projects to be completed within a specific time frame, many issues may arise during construction that cause delays in the work.
As published in the NRCA’s Northern Construction Connection May 2021 Newsletter, and VICA’s eNews.
Publication, Staff | April 15, 2021 |
Notable Changes to the CCDC 2 Stipulated Price Contract
At the end of last year, the Canadian Construction Documents Committee (“CCDC”) introduced an updated version of the CCDC 2 Stipulated Price Contract.
As published in the Northern Construction Connection April 2021 Newsletter
Publication, Staff, Students | March 15, 2021 |
Climate Change: Global Issue, Local Concern
Regulatory liability considerations for local governments.
As published in the March 2021 publication of Municipal World.
Publication, Staff | March 12, 2021 |
The Operating Principle of “Good Faith” in Construction Contracts – Part III
As published in Northern Construction Connection March 2021 Newsletter – Part II of The Operating Principle of “Good Faith” in Construction Contracts.
The Supreme Court of Canada (SCC) rendered its judgement in the case of Wastech Services Ltd. v Greater Vancouver Sewerage and Drainage District on February 5, 2021.