Case comment: Sky Clean Energy Ltd. v. Economical Mutual Insurance Co. 2020 ONCA 558
Case comment: Sky Clean Energy Ltd. v. Economical Mutual Insurance Co. 2020 ONCA 558 By Damon Stoddard, LL.B., LL.M., Heal & Co. LLP Construction cases are often complicated. Disputes between a contractor and an owner often have an overlay of...
Goodbye Paper, Hello Technology.
Goodbye Paper, Hello Technology. By Catherine DiMarco, LL.B., Heal & Co. LLP We have all had our share of experiences that highlight the flaws inherent in the paper-based system: fax transmissions not arriving at their destination, and material...
The Suspension of Limitation Periods is Ending
The Suspension of Limitation Periods is Ending By operation of Ontario Regulation 73/20 of the Emergency Management and Civil Protection Act (1), any provision of any statute, regulation, rule, by-law or order of the Government of Ontario...
When Reasonable Commercial Efforts are Not Enough – How far will Courts allow companies to disclaim their existing contracts and commercial leases, due to COVID-19 May 5 20 (DS)
When Reasonable Commercial Efforts are Not Enough: How far will Courts allow companies to disclaim their existing contracts and commercial leases, due to COVID-19? By Damon Stoddard, LL.B., LL.M., Heal & Co. LLP As a result of the coronavirus...
Update – Timelines to lien and other limitation periods in Ontario May 5 20 (AH)
Update: Timelines to lien and other limitation periods in Ontario during the COVID-19 measures, in particular, the Order by the Governor in Council under the Emergency Management and Civil Protection Act (“EMCPA”) By Andrew J. Heal, J.D., LL.M.,...
Physical Damage as a Trigger for Insurance Coverage May 5 20 (CD)
Physical Damage as a Trigger for Insurance Coverage By Catherine DiMarco, LL.B., Heal & Co. LLP Physical Damage, but no “physical damage”? Once the COVID-19 curve flattens and the government sees fit to allow us to begin to resume social and...
Managing Insurance Coverage and Claims for Losses Resulting From the Pandemic May 5 20 (AH)
Managing Insurance Coverage and Claims for Losses Resulting from the Pandemic By Andrew J. Heal, J.D., LL.M., Heal & Co. LLP[1] On April 30, 2020, Cathy DiMarco[2] (my partner), Todd Gagnon[3] and I presented a webinar hosted by the Canadian...
Government Clarifies Exclusion of Construction Act Deadlines from Emergency Order May 5 20 (CD)
Government Clarified Exclusion of Construction Act Deadlines from Emergency Order By Catherine DiMarco, LL.B., Heal & Co. LLP In late March, 2020, Ontario’s Governor in Council made an order under section 7.1 of the Emergency Management and...
Staying the enforcement of an adjudicator’s award: Will Ontario follow the U.K. test?
Introduction Since October 1, 2019, a party to a contract or subcontract to which the adjudication provisions in the Construction Act (“Act”) apply,1 may refer certain matters in dispute to adjudication. These matters include the value of work...
Special Crisis Management Bulletin: Construction Contracts and COVID-19.
Special Crisis Management Bulletin: Construction Contracts and COVID-19. An excusable delay is a delay that is not the fault of any party and which may or may not be compensable, but it allows a party to extend the time for completion. Expenses...