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Construction and Infrastructure - On the Docket
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On November 10, 2023, when the Supreme Court of Canada (“SCC”) released their decision in R v Greater Sudbury (City), the internet responded with widespread panic because, for the first time, the Court has confirmed that a project owner is an employer under Ontario’s Occupational Health and Safety Act (“OHSA” or the “Act”).
In a recent decision, Hummel Properties Inc v Niagara-on-the-Lake (Town), the Ontario Court of Appeal affirmed that the Town of Niagara-on-the-Lake’s enactment of an interim control by-law (“ICBL”) was illegal. The decision, summarized below, has important implications for municipalities, developers, and builders across Ontario.
In Bisquip Leasing Corporation v Coco Paving Inc, Bisquip Leasing Corporation [“Bishop”] brought a motion for summary judgment against Coco Paving Inc. [“Coco”] for unpaid invoices on various projects. Coco asserted a counterclaim against Bishop arising out of “deficient work” and an incident in which a gas line was allegedly struck by Bishop during excavation.
In a recent pair of decisions in a solicitor-negligence action, Superior Court Justices Charney and Boswell confirmed that causation must be proved, not assumed – even on summary judgment motions.
