b'Courts will amend and interpret contracts to conform to the NewA CAUTIONARY NOTEAct. 11 As a result, a party cannot choose which version applies byThe foregoing provides only an overview and does not constitute simply stating in the contract that the New Act applies, rather thanlegal advice. Readers are cautioned against making any decisions the Old Act. based on this material alone. Rather, specific legal advice should beobtained.Allowing parties to bargain for which versionapplies risks uncertainty, inconsistency and variances in rights for differentIf you have any questions, please contact Jason J. Annibale (Jason.parties on one improvement. As the Court held in Crosslinx, theAnnibale@mcmillan.ca) or Connor Campbell (Connor.Campbell@transition provisions require that one legislative scheme apply tomcmillan.ca). the entirety of an improvement. 12 [1]Construction Act, s.87.3(1). [2]CrosslinxTransit Solutions Constructors v Form & Build Supply Since the wording of the contract cannot offer parties comfort(Toronto) Inc.,2021 ONSC 3396 at para 32(Crosslinx). about which version applies, lien claimants should act cautiously[3]Crosslinxatpara 33. and assume that the Old Act applies until they learn otherwise. [4]Construction Act,s. 1(4). [5]2023 ONSC 1849(DNR). CONCLUSION [6]DNRatpara 6. The change from the Old Act to the New Act is gradual and[7]DNRatpara 26. remains ongoing. The transition period has been punctuated by[8]DNRatparas 28-29. surprises for parties when disputes have gone before the Courts.[9] David Bristow et al.,Construction Builders and Mechanics Liens in Canada, 8thed, 3:45 (Westlaw). Lien claimants can protect themselves by assuming they have the[10]Construction Act,s. 1improvement. rights afforded by the Old Act, rather than risking a missed lien[11]Construction Act, RSO 1990, c C.30, s 5, as amended. period by hoping that the New Act applies. [12]Crosslinx, atparas 23,25-33.YOUR SUPPLIERIN ACCESS SOLUTIONSSALESRENTALINSTALLATION www.actionscaffold.ca Greater Toronto Area 1-877-472-2336ACCESS CANADA FALL/WINTER 2023/2024 15'