This article was published in Construction News on 1 December 2016.
Stepping down relevant clauses to subcontractors is rarely quick and easy when done properly – but it’s worth taking the time to do so.
Let’s take a familiar scenario: an employer engages a contractor to carry out works, but the finished works are already subject to agreements for lease between the employer and future tenants of the finished project.
The terms of the agreements for lease are likely to contain duties relating to the performance of the works. Some common examples include:
- practical completion conditions;
- the provision of collateral warranties or third party rights;
- liquidated damages;
- deadlines for practical completion and access prior to completion (e.g. to fit out a retail unit); and
- maximum and minimum area limits which, if not adhered to, allow the tenant to terminate the agreement for lease or entitle the tenant to a reduction in rent and/or liquidated damages.
Yaiguaje v. Chevron Corporation 2017 ONSC 135 (CanLII)
The saga continues. This case returned to the Ontario Superior Court of Justice for consideration after a hearing at the Supreme Court of Canada. Forty-seven individual plaintiffs in this action, representing approximately 30,000 indigenous Ecuadorian villagers, are suing Chevron and Chevron Canada to attempt to enforce a US$9.5 billion judgment. The enforcement proceedings first came before the Ontario Court where a motions judge – Justice D.M. Brown (now on the Ontario Court of Appeal) – held that the Ontario Court had jurisdiction to recognize and enforce the Ecuadorian judgment but on his own motion stayed the proceedings. The Ontario Court of Appeal over-ruled Justice Brown’s imposition of a discretionary stay but upheld his decision on the jurisdictional issue. The Supreme Court of Canada upheld the decision of the Court of Appeal.
Shutts & Bowen LLP named four new partners during its annual meeting.
“These promotions exemplify Shutts’ commitment to recognize and reward leadership, integrity and legal acumen and to plan for the future growth and success of the firm,” said Managing Partner Micky Grindstaff. “They also demonstrate Shutts’ diversity and our presence as a full-service business law firm throughout Florida.”
February 14, 2017 — The latest edition of the Journal — Barreau du Québec begins with a paper on the consequences of Donald Trump’s election on Canada–US legal relationships. Theodore Goloff’s comments appear on the front page to start off the analysis.
Ted is also the author of “Canada — Good Grief! Is that my Supervisor on the Picket Line?”, a paper in the spring 2017 edition of The International Employment Lawyer, a blog hosted by the International Employment Law Committee of the American Bar Association’s Section of International Law.
The International Monetary Fund has estimated that bribery costs the global economy an annual 1.5 to 2 Trillion USD. In the European Union, the economic costs associated with corruption total one percent of its GDP, a figure that nearly equals its annual budget. In developing and developed countries alike, corruption remains a grave social problem, with a negative effect on economic growth and the delivery of government services.
With the goal of combating corruption, Duxes has organized and will host the Anti-Corruption Compliance Europe Summit 2017, on April 26-27 in Amsterdam. The summit will gather more than 150 delegates, representing leading companies, government agencies, and non-profit institutions. During the two-day event, speakers and panelists will discuss important topics at the forefront of anti-corruption compliance, including enforcement trends, relevant legislation, industry-specific corruption, and models for compliance programs, among other issues.
A recent High Court case has ruled that the Non Principal Primary Residence Charge (NPPR) is deductible in calculating a landlord’s income tax on rental income. In practice, however, refunds can only be claimed in respect of outstanding tax relief on NPPR Charges paid in 2013 due to a four year statutory limitation for claiming refunds. Landlords have until the 31st December 2017 to claim this refund.
Nikki was previously a senior lawyer at Herbert Smith Freehills, and brings specialist experience in private infrastructure investment including project development, acquisition and financing for Australian and international transactions. Nikki has also worked as legal counsel for one of Australia’s largest fund managers and a clean energy start-up.