Law for Professional Engineers
This fifth edition continues the author's mission to provide a reference law text for the Canadian engineering profession, as well as for project managers and other participants in related industries. It is also written, as it has been from its outset, to assist candidates for licensure as professional engineers in preparing for their requisite engineering law and professional liability examinations.
Two relatively recent landmark Canadian Supreme Court decisions are referenced for the first time in this fifth edition. Included is the Tercon Contractors case, a 2010 construction law decision addressing the final retirement of the doctrine of fundamental breach. The second is Bhasin Hrynew, a 2014 decision of the Supreme Court endorsing the long-awaited recognition in Canada of the concept of good faith in contracting, a concept previously recognized in many other common-law and civil-law countries. Also referenced in this fifth edition is the major overhaul of Ontario's construction lien laws that occurred in 2017. The overhaul was the result of the enactment of the 2017 Construction Act that significantly revised many aspects of Ontario's Construction Lien Act.
The extensive changes included modernizing provisions, prompt payment provisions, and statutory adjudication provisions intended to expedite the resolution of payment disputes, on the basis of similar legislation in place in England and in some other commonwealth countries. Some modernizing provisions are in force at the time of publishing this fifth edition. However, the regulations relating to the adjudication provisions are currently not scheduled until October 1, 2019. This major overhaul is attracting attention federally and in some other provinces. Court decisions focused on the importance of public safety are also included in this fifth edition. In the 2013 Metron Construction decision, a penalty of $750,000 was imposed on a company for not taking proper steps to prevent the deaths of four construction workers who fell from more than 100 feet to the ground. In 2015 in Rv Kazenelson, the project manager in the Metron case was sentenced to 3% years in jail for criminal negligence. The 2014 Report of the Elliot Lake Commission of Inquiry into the tragic mall roof collapse that resulted in deaths and injury is also referenced in this edition.
So also is the subsequent 2017 acquittal of the unlicensed engineer whohad inspected the mall. He was charged with criminal negligence causing death and bodily harm. The court ultimately held that the Crown had failed to prove, beyond a reasonable doubt, that the accused unlicensed engineer/inspector had shown unrestrained disregard for the consequences of his behaviour. As pointed out in the Report of the Elliot Lake Commission of inquiry (copy available online), there were man participants over the years in positions that contributed to the tragic outcome. At a minimum, the report constitutes a chilling cautionary tale, one that reflects the complexity of issues, evidence, and proof that may arise where a number of contributing project participants may be involved.
DOWNLOAD :- HERE