Construction and Infrastructure
Defamation and MediaOur Blog
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On March 6, 2026, the Court of Appeal for Ontario released its decision in Shiralian v. Wyldewood Creek Inc, dismissing the appellants' appeal and upholding the enforceability of a limitation of liability provision (also known as an exculpatory clause) contained in a pre-construction condominium purchase agreement. The decision is a welcome affirmation of the principles of freedom of contract and the enforceability of exculpatory clauses in the context of residential real estate development.
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Amid ongoing tariffs and persistent economic uncertainty, Ontario has taken a significant legislative step with the passage of Bill 5, the Protect Ontario by Unleashing our Economy Act, 2025. Receiving royal assent on June 5, 2025, several provisions of the Act came into force immediately. Already prompting public debate, the impacts of Bill 5 are expected to be far reaching and significant for Ontario’s construction and infrastructure sectors.
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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.
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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.
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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.
