Canada: Construction & Planning

The Ontario Superior Court recently upheld an arbitration award despite finding the arbitrator committed an error of law, ruling that "final and binding" language in the parties' arbitration agreement precluded any right of appeal. This decision highlights the significant consequences contractual language about arbitration finality can have on a party's ability to challenge an unfavorable award, even when a court would otherwise agree with the unsuccessful party's position.

The decision in Braich v. The King (2026 TCC 117) is an important reminder that the courts will look beyond what a property owner says about a house and instead examine the surrounding facts.

The British Columbia Supreme Court's decision in MGC Contractors Ltd v 1417028 BC Ltd. demonstrates how a procedural misstep can result in the complete loss of lien rights. When a subcontractor filed its enforcement action in the wrong court registry and failed to correct the error within the statutory one-year deadline, the court cancelled the builder's lien despite the claimant's arguments about lack of intentional delay. What does this ruling mean for contractors seeking to protect their statutory remedi

Owners and contractors defending against litigation from impecunious corporate plaintiff contractors or subcontractors should be aware of their ability to obtain security for costs...

The Act came into force on January 1, 2004, introducing wholescale reforms to the law of limitation periods in Ontario with the goal of creating “a clear and cohesive scheme for addressing limitation issues, one that balances the plaintiff’s right to sue with the defendant’s need for certainty and finality.”

The First-Time Home Buyers' GST Rebate is now law in Canada, offering eligible purchasers significant tax savings on newly built and pre-construction homes. Ontario real estate lawyer Jon Dippolito breaks down the qualification criteria, price point applications, and critical occupancy and ownership requirements that buyers must understand before making their purchase.

L’évaluation du coût total des travaux sur un chantier de construction peut être déterminante pour établir l’étendue des obligations du maître d’œuvre en matière de santé et de sécurité sur le chantier. Encore faut-il savoir quels coûts doivent être inclus dans le calcul du coût total des travaux au sens de la Loi sur la santé et la sécurité du travail (la « LSST »).

Ontario's 2024 Building Code requires 15% of suites in new apartment buildings to be barrier-free, but leaves a critical question unanswered: how should developers handle fractional calculations? When a seven-unit building calculates to 1.05 barrier-free suites or a ten-unit building results in exactly 1.5, the Code provides no rounding methodology, creating uncertainty for developers, municipalities, and design professionals navigating permit approvals.

Partner Sybil Johnson-Abbott brings over two decades of experience navigating complex commercial real estate transactions, land development, and secured lending in the National Capital Region. Her practice encompasses everything from large-scale subdivision approvals to mortgage enforcement, combining technical expertise with a practical understanding of her clients' business objectives. Recognized as Best Lawyers® Real Estate Law "Lawyer of the Year" in Ottawa from 2022 to 2025, she serves on Soloway