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Construction Law
New Developments in Commercial Mediation
On October 25, 2010, Ontario became the second Canadian jurisdiction after Nova Scotia to enact legislation governing commercial mediations. The Commercial Mediation Act, 2010 applies to all commercial mediations, with few exceptions such as those under or relating to the formation of a collective agreement; actions taken by a judge or arbitrator in the course of judicial or arbitral proceedings to promote settlement of a commercial dispute that is the subject of the proceedings; or mediations for which procedures are prescribed in the Rules of Civil Procedure made under the Courts of Justice Act.
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Preserving Your Claim
When a contractor decides to engage in litigation, a number of obligations arise with respect to the contractor’s documents. As soon as litigation is reasonably contemplated, a so-called litigation hold must be put in place in order to preserve potentially relevant documents.
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Copyright in architectural works
Copyright is defined by Canada’s Copyright Act as the sole right to produce or reproduce a work or any substantial part thereof in any material form. An architect’s copyright in his or her work protects the work for the life of the architect plus 50 years.
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Does a surety bond bring value to the construction project?
Should I ask for a bond on this project? This is a common question that is asked by owners. Given a robust construction economy, one may lean toward not requiring a bond. However this decision may be a costly mistake.
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Liening work for tenants
Liens against leasehold and freehold interests commonly arise during tenants’ improvements. There is a tendency to under-rate the value of liens on leasehold interests alone. In addition to the market value of the remainder of a leasehold term, however, the real power of a lien against a leasehold interest is found in the standard terms of most retail leases.
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