Case comment: Urban Mechanical Contracting Ltd v Zurich, 2022 ONCA 589
By Roy Nieuwenburg QC and Manveer Sall Can a surety / bond issuer (in this case Zurich Insurance Company) rescind performance and payment bonds, based ... Continued
Doctrine of Spent Breach Raises Uncertainty for ‘no prior default’ Stipulation in Lease Renewal Terms
A common feature of many commercial lease agreements is an option to renew the lease for an additional term, provided that the tenant has not ... Continued
Letters of Credit and Guarantees as Security for Lease Obligations – the Cummer-Yonge Issue May Still Be Open to Debate
An article[1] recently appeared in the Banking & Finance Law Review that reminds us of the vulnerability of a letter of credit or guarantee (or ... Continued
Can I Expand My Grandfathered Use or Grandfathered Building?
In considering this question for a property in BC, it would be easy to read the relevant provisions (in Division 14) of the Local Government ... Continued
Contract Awards to Incumbents – A Delicate Balance
Case comment – Taggart Construction Ltd. v. Kingston (City) Ontario Superior Court of Justice, January, 2020. An issue arises where one of the responding parties ... Continued
CCDC 2 2020 Déjà Vu
The CCDC 2 2020 is CCDC’s latest and greatest iteration of the proposed standard form for a stipulated price contract. A lot has been written ... Continued
The New B.C. Arbitration Act
On September 1, 2020, amendments to the current B.C. Arbitration Act, R.S.B.C. 1996, c. 55 (the “Previous Act”) come into effect by way of the ... Continued
Best Lawyers in Canada 2021
Congratulations to 28 of Clark Wilson’s lawyers for being peer-selected for the 15th edition of Best Lawyers in Canada 2021. These lawyers have been recognized for their ... Continued
Details Emerge on the Administration of the CECRA Program
On Thursday, June 4, 2020, the NAIOP Commercial Real Estate Development Association held a roundtable where members of the Canadian Mortgage and Housing Corporation (CMHC) ... Continued
Reopening Businesses in BC: Key Points to Consider as Commercial Space Reopens – Issue #2
Yesterday’s article mentions that commercial property owners and business owners should be aware that Ministerial Order MO94, which protects persons and corporations from liability related ... Continued
Reopening Businesses in BC: Key Points to Consider as Commercial Space Reopens
On May 6, 2020, Premier John Horgan announced B.C.’s plans for lifting restrictions on social distancing, with a goal of reopening certain economic sectors, while ... Continued
Trustworthy: A Primer on Post-Secondary Business Structures. Part 2 – Choosing Your Vehicle
This series explores the approach taken by several public post-secondary institutions in Canada to deploy innovative, independent, and accountable business structures to make the most ... Continued