New Prompt Payment Legislation in the Construction Industry – Part 2 

Nicholas-Conlon-&-Koby-Kelln-Part-2

By Nicholas Conlon and Koby Kelln Note: This is the second of two articles that will briefly explain the key points contained in the Prompt Payment Act and the Amendment Regulations (as defined in the first part). This second part will focus mainly on statutory adjudication as it applies in the context of construction disputes. […]

New Prompt Payment Legislation in the Construction Industry – Part 1 

Nicholas-Conlon-&-Koby-Kelln-Part-1

By Nicholas Conlon and Koby Kelln Note: This is the first of two articles that will briefly explain the key points contained in the Prompt Payment Act and the Amendment Regulations (as defined below). This first part will focus mainly on the Prompt Payment Act and its implications on construction projects for owners, contractors, and […]

The Priority Flip in Bankruptcy: What Judgment Creditors Need to Know

The Priority Flip in Bankruptcy

By Koby Kelln and Nicholas Conlon The Bankruptcy and Insolvency Act (the “BIA”) is the governing legislation for bankruptcy in Canada, and it supersedes provincial legislation in cases of conflict. Section 70(1) of the BIA establishes a “priority flip” that renders judgment creditors unsecured at the point of bankruptcy, and all priority entitlements they previously […]

Legal Recourse for Online Harassment by Sarah Loewen

The Ontario Superior Court of Justice recently recognized a new tort of online harassment in Caplan v Atas.[1] This is a bold move, considering that this decision was released just two years after the Ontario Court of Appeal declined to recognize the tort of harassment in Merrifield v Canada (Attorney General).[2] The Court of Appeal […]