Construct Legal

When dispute resolution is disputed: In our latest blog article, Paul Conrod discusses a recent Court of Appeal case addressing timelines for mediation and arbitration in architectural and construction contracts.

https://tinyurl.com/34jdewrc

When dispute resolution is disputed: In our latest blog article, Paul Conrod discusses a recent Court of Appeal case addressing timelines for mediation and arbitration in architectural and construction contracts.
https://tinyurl.com/34jdewrc

In Sayers Foods v. Gay Company, 2026 ONSC 918, the Ontario Divisional Court rejected every ground of judicial review raised under s. 13.18(5). The decision reinforces that adjudication isn't an interlocutory injunction, that honest advocacy isn't fraud, that procedural fairness needs both a statutory breach and actual prejudice, and that payment into court is not a default.

We were fortunate to act for the successful respondent on the application.

In his latest blog post, Panin walks through the Court's reasoning and what each finding means for owners and contractors weighing a judicial review of a determination.

https://tinyurl.com/ms5mypzp

Ontario owners should revisit their adjudication strategy.

With the 2026 changes to the Construction Act, adjudication may arise later, cover broader issues, and require faster front-end decisions.

In his latest blog post, Panin examines what owners need to know about the updated adjudication regime and why internal response planning now matters more than ever.

Bonus – flowchart illustrating the initial adjudication steps and deadlines under the new procedure.

https://tinyurl.com/4t35f6yc

Ontario owners: Day 7 now matters. If you don’t send a written notice within 7 days, the invoice can be deemed a “proper invoice” – and the prompt-payment clock starts.

Check out Anatolii Panin’s blog post on the 2026 Construction Act changes and practical tools owners can use.

Bonus: a simple 2026 payment-procedure flowchart for owners.

https://tinyurl.com/9nt8atyv

For decades, owners have treated the 10% statutory holdback as the ultimate safety net. As of January 1, 2026, that mindset can create real cash-flow, administrative, and contract-administration risks for longer projects. Those issues are manageable, but only with a deliberate approach to budgeting, tracking, and contract drafting.

https://tinyurl.com/59m69dsy

On Wednesday, February 4, our very own Chief of Everything, Mike Brown, participated in a career panel discussion at the University of Toronto as part of their backpack2Briefcase series.

Joined by fellow panelists and U of T alumni, Marco P. Falco and Marina Sotirakos, Mike discussed how graduating from U of T’s English program helped develop his career path into the legal industry.

Mike was honoured that his alma mater invited him to participate in this fun and (hopefully) informative event!

https://tinyurl.com/36hp7k95

New year, new hire.

We are thrilled to announce that Anatolii Panin has officially joined as our first ever articling student.

Anatolii comes with extensive experience as a lawyer from Russia with experience with construction both in private practice and in-house.

We can’t wait for him to work with us to serve our clients.

Here is a photo of us welcoming him to the firm . Stay tuned for Mike’s review of Linny’s.

Welcome Anatolii!

https://tinyurl.com/yxrmjkmz

Construct Legal is 4 years old.

We had a big year of growth in 2025.

We drafted, litigated, mediated, arbitrated, adjudicated, podcasted and so much more.

We welcomed Lewis Waring to the team.

Mike Brown started his very popular food review blog “Law & What to Order”

Paul Conrod spoke at many conferences on procurement to the proposed Construction Act changes.

Faren Bogach started her mediation practice.

Andrew Gurlesky fine tuned his guitar skills and answered our difficult questions with ease.

Tara Hobel kept us on our toes.

We also had two beautiful babies join the Construct Legal family. First James DeMelo and then Rapti Ratnayake.

We also need to take the time to thank our clients, referral sources, friends and colleagues for their trust and support.

https://tinyurl.com/2m28jep5

🎧 2025 Wrapped with Construct Legal: Construction Law Hits You Can’t Miss!

Join us for “2025 Wrapped with Construct Legal”

We’re turning the biggest changes in Ontario construction law into a playlist-worthy recap webinar. Think Spotify Wrapped, but for lien deadlines, adjudications, and the new CCDC 2025 contracts.

What’s on the playlist?

Mandatory Holdback – The chart-topper of the Construction Act changes (in force Jan 1, 2026). Sounds like a Bad Bunny hit: Don’t Take More Funds.
Adjudicate Early – Fast decisions, big vibes. Billie Eilish would call it Golden.
CCDC 2025 Contracts – The remix you’ve been waiting for—smooth like Kendrick’s Luther.
R v Sudbury – The case that stole the spotlight. Definitely not Ordinary.

Date: January 7, 2026

Time: 10:00 AM EST

Location: Virtual Link sent to you upon registration.

Your 2025 Streaming Stats:

You streamed 1,000 adjudications this year.
Your top genre? Prompt Payment Beats.
You spent 3,000 minutes debating lien deadlines.
Your #1 artist: Mandatory Holdback.
You discovered CCDC 2025 and played it on repeat.

Why tune in?
Because you’ve been listening all year. Now see what made the charts.

We look forward to having you attend the event!

Registration: 🔗 https://events.teams.microsoft.com/ev