Canada: Construction & Planning

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Real estate law and construction law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as construction and planning, conveyancing, estate management, land law and agriculture, and real estate law.
Article
Here’s The Drill – Introducing The New CCDC 33 – 2026 Progressive Design-Build Service Contract
The Canadian Construction Documents Committee has released CCDC 33, a standardized service contract governing the relationship between design-builders and consultants on progressive design-build projects. This new form establishes the framework for professional design services, payment structures, and liability provisions in the downstream contractual chain. How does this companion document to CCDC 32 balance the consultant's professional obligations with the commercial realities of multi-party construction
Canada Real Estate
WL
WeirFoulds LLP
Article
High Caseloads, Fast Resolutions: A Snapshot Of ICC Arbitration In 2025
The International Chamber of Commerce has released its 2025 arbitration statistics, revealing record-breaking caseloads and significant trends across global dispute resolution. With 894 cases filed and construction, engineering, and energy sectors dominating nearly half of all arbitrations, the data provides crucial insights into the evolving landscape of international commercial disputes and the implementation of new procedural thresholds.
Canada Litigation
GW
Gowling WLG
Article
Fuel Disruption: Can Rising Fuel Prices Constitute Force Majeure In Canadian Infrastructure Contracts?
As major oil and gas producers declare force majeure amid unprecedented energy supply disruptions, Canadian infrastructure stakeholders face critical questions about contractual obligations. This analysis examines whether fuel shortages or dramatic price increases can legally excuse performance under force majeure clauses, exploring the narrow but important circumstances where energy shocks may provide contractual relief.
Worldwide Real Estate
GW
Gowling WLG
Article
Ontario Enacts The Building Homes And Improving Transportation Infrastructure Act, 2026 To Streamline Planning Processes And Accelerate Housing Delivery
Ontario's provincial government has enacted sweeping reforms to its land use planning framework through Bill 98, introducing standardized official plan structures, new restrictions on municipal authority, and streamlined approval processes. These changes shift significant planning control from municipalities to the provincial level while aiming to accelerate housing development and infrastructure delivery across the province.
Canada Real Estate
D
Dentons Canada LLP
Article
Guidelines Are Not A Millstone: A Refresher On The Status Of Non-statutory Guidelines In Ottawa (City) V. Ottawa (City)
The Ontario Land Tribunal's January 2025 decision in Ottawa (City) v. Ottawa (City) addresses whether non-statutory provincial guidelines can override practical solutions when health-based water quality standards are met. At the heart of the case is a rural severance application where sodium levels slightly exceeded aesthetic guidelines but could be easily treated, raising fundamental questions about the legal weight of interpretive guidelines versus binding regulations. The Tribunal's ruling clarifies the
Canada Real Estate
D
Dentons Canada LLP
Article
Local Opposition To New AI Data Centres Grows In Canada And The United States
As artificial intelligence infrastructure rapidly expands across North America, a powerful wave of local opposition has emerged, with over $162 billion in AI data centre projects delayed or blocked since 2023. This analysis examines how grassroots activism is reshaping the development landscape, from Virginia's Loudoun County to Canada's emerging battleground in Hamilton, and explores the underlying concerns—from water consumption to existential fears about AI—that are driving this bipartisan re
Canada Real Estate
GW
Gowling WLG
Article
Canada And Alberta Deliver On Proposal For The West Coast Oil Pipeline
Alberta and Canada have unveiled an ambitious plan to construct the West Coast Oil Pipeline, a massive infrastructure project estimated to cost up to $43.7 billion. The proposed pipeline would run from Bruderheim, Alberta, to British Columbia's southwest coast, with construction potentially beginning in 2027 and oil flowing by 2034. The project promises to boost oil sands production and open new export markets in Asia, while incorporating Indigenous equity participation and integrating with existing port in
Canada Energy
C
Cassels
Article
Public Consultation Report
Alto's high-speed rail project for the Toronto-Quebec corridor has released its public consultation report, revealing significant concerns from landowners and farmers about expropriation processes, farmland protection, and the impacts of Bill C-15. The report outlines how feedback from over 324,000 portal visits and numerous public sessions will shape the alignment selection process as the project moves toward presenting a narrowed corridor in fall 2026.
Canada Real Estate
DH
Davies Howe
Article
Title Review And Adjacent Land Searches: The Importance Of Checking Neighbouring Lands For Easement Discrepancies
Ontario courts have consistently held that property purchasers cannot rely solely on parcel register entries when assessing easement rights. Administrative errors during land registry conversions can create discrepancies where easements appear on dominant lands but not on servient properties, yet courts have repeatedly ordered title rectification to protect these rights. This analysis examines key Ontario cases and provides practical guidance for lawyers conducting title reviews.
Canada Real Estate
RA
Robins Appleby LLP
Article
Core principles of collaborative delivery models
Collaborative construction models like alliance contracting, IPD, and PDB fundamentally challenge traditional project finance structures through shared risk frameworks and transparent governance. These approaches replace adversarial contractor relationships with collective decision-making and open-book accounting, creating inherent tensions with conventional financing requirements. Understanding how these core principles—from "no blame" cultures to best-for-project commitments—interact with proj
Canada Real Estate
GW
Gowling WLG
Article
When Applying The Penalty Clause Unjustly Enriches The Owner
A Quebec Superior Court decision examines the enforceability of penalty clauses in construction contracts, exploring when courts may reduce stipulated damages that prove abusive despite being contractually agreed upon. The case involves a $30 million wastewater project where 193 days of delays triggered a maximum penalty of nearly $3 million, raising questions about the balance between contractual freedom and good faith requirements.
Canada Real Estate
MT
Miller Thomson LLP
Article
L’enrichissement injustifié du donneur d’ouvrage dans l’application de la pénalité contractuelle
Un tribunal québécois réduit une pénalité de près de 3 millions de dollars imposée à un entrepreneur en construction pour retards de chantier, jugeant que l'application intégrale de la clause pénale constituait un enrichissement excessif pour la Ville de Montréal. Cette décision illustre les limites du pouvoir dissuasif des clauses pénales lorsque leur application devient abusive.
Canada Real Estate
MT
Miller Thomson LLP
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