Neal Howard Roth

In a construction lien action Neal successfully argued that the contractor / lien claimant was entitled to a lien, and that the counterclaim of the owners, despite their expert report, be dismissed.

Thermal Exchange Service Inc. v. Metropolitan Toronto Condominium Corporation No. 1289, 2022 ONCA 186

Neal successfully argued, at trial and on appeal, that the invoices from Thermal Exchange are not barred by the Limitations Act, even though some of the invoices were 13 years old.

This is a leading Supreme Court of Canada decision on the conflict of laws, where the Court established the requirements to enforce foreign judgments in Canada. The Court held that foreign judgments were enforceable in Canada where there was a "real and substantial connection" between the foreign jurisdiction and the subject matter giving rise to the claim.

Heritage Masonry Ltd. v. Building Team Ltd. (1995), 28 C.L.R. (2d) 101 (Gen. Div.), affirmed May 27, 1996 Divisional Court.

This is a landmark case which held that contractors may not deduct their overhead from the trust funds which are payable to their sub-contractors or suppliers.