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  • Nobody’s ‘Perfect’ – Statutory Compliance With The Construction Act In Commercial Real Estate Insolvency Proceedings

Nobody’s ‘Perfect’ – Statutory Compliance With The Construction Act In Commercial Real Estate Insolvency Proceedings

Insolvency Insider
Insolvency Insider

Oct 23, 2026

Nobody’s ‘Perfect’ – Statutory Compliance With The Construction Act In Commercial Real Estate Insolvency Proceedings

Derek Harland of TGF and Greg McDonald of EY-Parthenon look at recent Ontario decisions addressing compliance with construction lien requirements in commercial real estate insolvency proceedings, including Justice Myers' ruling in Vandyk confirming that courts may recognize imperfect but bona fide compliance with the Construction Act while cautioning against using discretionary relief to circumvent statutory deadlines.

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