In a new decision, the Supreme Court of Canada has provided guidance on when compensation might be due in cases of nuisance caused by public infrastructure projects. The Antrim decision is relevant not only for those involved in the management of public projects, but it also shapes the more general law of nuisance, especially in… → Read More
Category Archives: Construction and Real Estate
Subscribe to Construction and Real Estate RSS FeedToward an Even Playing Field: The Supreme Court of Canada to Rule on Disclosure of Amounts in Pierringer Settlements Prior to Trial
Posted in Case Comments, Construction and Real Estate, ProcedureThe Supreme Court has granted leave to appeal in a case that may elucidate the scope of discovery under Nova Scotia’s “semblance of relevance” test, in addition to the scope of settlement privilege and the entitlement of non-settling parties to know the settlement amounts under a Pierringer agreement in advance of the trial.
Hot Off the Press – World Class Actions: A Guide to Group and Representative Actions Around the Globe
Posted in Aboriginal, Class Actions, Communications, Construction and Real Estate, Energy, Financial Services, Franchise and Distribution, Health, Insurance, Media, Municipal, Procedure, Professions, Securities, TransportationIn the newly published World Class Actions: A Guide to Group and Representative Actions Around the Globe, McCarthy Tétrault litigators David Hamer and Shane D’Souza co-authored the “Multijurisdictional and Transnational Class Litigation: Lawsuits Heard ‘Round the World” chapter. The chapter offers guidance to international lawyers who represent clients involved in cross-border, multinational and international class… → Read More
Can the Queen Be Taken at Her Word? Federal Court of Appeal Answers in Canada v. South Yukon Forest Corporation
Posted in Administrative, Case Comments, Construction and Real Estate, Contracts, Energy, TortsThe Federal Court of Appeal has clarified when the federal Crown will be held responsible for representations made by its officers. In issuing its decision, the Court opted for a narrow interpretation of the Crown’s liability and reiterated that parties that rely on the Crown’s representations have the responsibility to conduct their own due diligence.
The Backside of a Truckstop: SCC to Rule on Balancing Competing Interests in Nuisance Cases
Posted in Case Previews, Construction and Real Estate, Torts, TransportationThe Supreme Court of Canada has granted leave to appeal in Antrim Truck Centre Ltd. v. Her Majesty the Queen in Right of the Province of Ontario, a case that is expected to provide clarity about the law of nuisance, particularly in cases where the social utility of the defendant’s activity is arguably very high…. → Read More
OCA to Consider Jurisdiction of Superior Court Over Construction-Related Claim Against Municipality
Posted in Case Previews, Class Actions, Construction and Real Estate, TortsSummary The OCA will soon decide whether the Ontario Superior Court, as opposed to the Ontario Municipal Board, has jurisdiction over a claim by a class of failed businesses against a municipality for damages flowing from a local construction project. Decision The case involved a construction project by the City of Toronto and the Toronto… → Read More
Will Your Companies’ Creditors Arrangement Act Superpriority Still Be that Super once the Scheme of Collocation is Drawn Up?
Posted in Bankruptcy and Debt, Case Comments, Construction and Real Estate, Financial ServicesIn the context of an arrangement plan pursuant to the Companies’ Creditors Arrangement Act, a financial institution was granted a superpriority on all moveable and immoveable debtors’ assets following an additional $2,150,000 loan to the debtor, in order to allow it to complete some construction projects it had already started and for which it already owed… → Read More
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