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Construction and Infrastructure - On the Docket
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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.
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 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.
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”).