ARCHIVED VIDEO STREAM
This is the archived version of a program presented on March 2, 2012. This will not become available until 2 weeks after the orginal program date. To order this format please click on the "REGISTER NOW" button.
This half-day program provides an in-depth look at some of the latest developments in construction law for both experienced practitioners and those who encounter construction law issues. Recent jurisprudence will be reviewed, including Colautti and Landmark II: two recent Court of Appeal decisions that will have a significant impact on cases under the Construction Lien Act. Additionally, find out how the Ontario Court of Appeal's recent pronouncements on summary judgment motions will impact construction law cases and learn about significant changes to the Toronto Masters Court.
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Program Chairs:
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Howard Krupat, Heenan, Blaikie LLP
Marcia J. Oliver, Advocates LLP
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9:00 am
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Introductory Remarks
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9:10 am
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Effective Skills and Strategies for Prosecuting Trust Claims
- Analyzing the impact on trust fund provisions - Colautti v. Ashcroft
- How much evidence is enough evidence to establish a breach?
- Evaluating the claim in the early stages and creating the road map to successful prosecution
Janice Quigg, Eccleston LLP
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9:40 am
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A Landmark of a Case? Landmark II
- Election of remedies
- Damages for excessive or exaggerated liens - Managing your client’s expectations and reducing your risk of exposure
- What you can and cannot include in your claim for lien
Glenn Grenier, McMillan LLP
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10:10 am
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Break
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10:30 am
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Strategic Use of Summary Judgment in Construction Cases
- Review of recent decisions released by the Ontario Court of Appeal – Combined Air Mechanical et al
- What types of cases are amenable to summary judgment – is it the right fit for your case?
Paul Ivanoff, Osler, Hoskin & Harcourt LLP
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11:00 am
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Liens and Other Remedies in Residential Subdivisions
- The “homebuyer” exception
- Tricks and traps of the general lien
- Liens and condominiums – best practices
Ted Rotenberg, Burstein & Greenglass LLP
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11:30 am
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E-Issues
- Electronic Discovery – Update
- Privilege Issues in the context of Electronic Discovery
- Electronic Tendering
Karen Groulx, Fraser Milner Casgrain LLP
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12:00pm
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Practice Tips and Civil Litigation Update
- Update on Masters’ Court – What’s new?
- Self represented litigants in lien cases
- What are your professional obligations?
- Lien practice outside of Toronto – yes, there is life outside of Toronto
Charles Wiebe, Glaholt LLP
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12:30 pm
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Union Liens-Workers Getting Their due(s).
- The extent of the s. 81 priority under The Construction Lien Act
- Vetting obligations in the face of a workers lien
- Norex and CRA’s claim to a super priority
Michael McCreary, Watson Jacobs McCreary LLP
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1:00 pm
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Questions and Closing Remarks
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1:30 pm
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Program Concludes
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