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Kelly + Singh Lawyers LLP > Posts tagged "contract"

Under Construction: Major Reforms Coming To Construction Lien Act

Under Construction: Major Reforms To Construction Lien Act

The Ontario government has tabled Bill 142, which if passed will result in fundamental changes to the Construction Lien Act (the Act) and will have a significant impact on payment and dispute resolution practices within the construction industry. The most significant of the proposed amendments to the Act is the introduction of a mandatory prompt payment regime. Prompt payment regimes have been in place for decades in some other jurisdictions including the U.K., and there have long since been calls for Canada and Ontario to adopt a similar model. The impetus in adopting a prompt payment regime within this unique sector is to...

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What You Need To Know About the New Duty of Good Faith In Contracts

contracts

Contractual relationships often lead to lawsuits when parties to the contract disagree over their contractual obligations and rights.  Traditionally, courts have held parties to the strict written terms of their contract, even in cases where the terms seemed unfair.  In 2014, the Supreme Court of Canada released a ground-breaking decision that imposed a mutual obligation of good faith and honest performance on the parties to a contract.  This case has broad implications for businesses as they negotiate contracts with consumers, suppliers, and vendors, as lawsuits involving contract disputes will now be viewed by the courts in this context. Here’s what...

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How to Protect Yourself From a Home Renovation Disaster

homeowners imagining a home reno

With a heated real estate market in Toronto and surrounding regions like Hamilton and Burlington, a lot of homeowners decide it’s a wise investment to undertake renovations to their property for the promise of a higher selling price. Unfortunately a lot of things can go wrong when hiring a contractor, and contractors can have special rights and interests in your property if they are not paid, depending on the scope of the project. Here are a few tips on how to take the appropriate precautions when hiring someone to renovate your property and avoiding contractor disputes. 1) Determine what exactly it is that...

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