2007 (Ontario)
An unsuccessful motion for an order pursuant to s. 47 of the Construction Lien Act brings up interesting issues post-Hryniak, says Toronto civil litigator Megan Marrie.
"I think what's interesting about this case is that it's one that has been decided since the landmark Supreme Court decision in Hryniak v. Mauldin," says Marrie, partner with Shibley Righton LLP.
"I find that this decision doesn't take into account pre-existing s. 47 case law," she tells AdvocateDaily.com. "In this respect, although the judge acknowledges this is the first s. 47 case since Hyriunk, he appears to ignore the preexisting case law that says that although it's akin to summary judgment motion, the authority you have under Rule 20 of the Rules of Civil Procedure does not limit your power under s. 47 of the Construction Lien Act."
Shibley Righton's Charles Simco and Megan Marrie's article entitled "Excessive lien claims may support early discharge" appeared in the November issue of The Lawyers Weekly
Royal Laser Corp. v. Rivas, [2011] O.J. No. 685, 2011 ONSC 1026, 88 C.C.E.L. (3d) 299 (S.C.J.), rev'd [2011] O.J. No. 4596, 2011 ONCA 655 (C.A.).
Goodwill Industries of Toronto v. Bel-Three Property Management Ltd., [2011] O.J. No. 2838, 6 R.P.R. (5th) 166, 2011 ONSC 3703 (S.C.J.).
Kozak (Litigation Guardian of) v. Toronto District School Board, [2010] O.J. No. 3438, 2010 ONSC 2588 (Div. Ct.).
Peacock v. Toronto (City), [2010] O.J. No. 2349, 2010 ONSC 3229 (S.C.J.); Decision as to costs: [2010] O.J. No. 2350, 2010 ONSC 3262 (S.C.J.)
Hamilton (City) v. Svedas Koyanagi Architects Inc., [2010] O.J. No. 1248, 94 C.L.R. (3d) 5 , 2010 ONSC 1803 (S.C.J.); aff'd [2010] O.J. No. 5572, 104 O.R. (3d) 689, 328 D.L.R. (4th) 540 (C.A.). Decision as to costs: [2010] O.J. No. 2426, 2010 ONSC 3312 (S.C.J.)
1642279 Ontario Inc. v. SCE Construction Management Inc., [2009] O.J. No. 4432, 87 C.L.R. (3d) 132 (Div. Ct.)
West Hill Minor Hockey Assn. v. Scarborough Hockey Assn., [2009] O.J. No. 2171 (S.C.J.)
Toronto District School Board v. Molson Breweries Properties Ltd., [2009] O.J. No. 1103, 82 R.P.R. (4th) 196, 59 M.P.L.R. (4th) 1385; Decision as to costs: [2009] O.J. No. 2652, 178 A.C.W.S. (3d) 318 (S.C.J.)
1201523 Ontario Ltd. v. Toronto (City), [2008] O.J. No. 5317, 174 A.C.W.S. (3d) 119 (S.C.J.)
West Harbour City (I) Residences Corp. v. Toronto Catholic District School Board, [2008] O.J. No. 404, 164 A.C.W.S. (3d) 604 (S.C.J.)
J.L.P. v. C.R.P., [2008] O.J. No. 225, 89 O.R. (3d) 290, 164 A.C.W.S. (3d) 608 (S.C.J.)
Speaking Engagement
Workshop Leader – Pre-Conference Workshop – Fundamentals of Evidence: A Refresher, Professional Development, Osgoode Hall Law School at York University – October 21, 2011
Speaker - Legal Writing Traps, The Advocates' Society, Civil Litigation Skills Certificate Program, Prepare Winning Court Documents - February 15, 2011
Megan completed her undergraduate education at Dalhousie University, earning a B. Comm. (Co-op) with distinction, in addition to numerous awards and scholarships. She then moved to Alberta where she worked as Marketing Manager for a software company before returning to school to complete her law degree at Osgoode Hall Law School. While at Osgoode, she won several more awards and scholarships. More recently, Megan returned to Osgoode and earned a Master of Laws specializing in Civil Litigation and Dispute Resolution.
Megan articled at Shibley Righton and maintains a litigation practice with a focus in professional liability, construction law, education law, commercial litigation and condominium law. She has significant advocacy experience, and has represented clients before administrative tribunals and before all levels of court in Ontario. This includes the Ontario Special Education Tribunal, Superior Court of Justice, Divisional Court and Court of Appeal. She has also appeared before the Saskatchewan Court of Queen's Bench.
She is a member of the Canadian Bar Association, Ontario Bar Association, and Advocates’ Society. Megan is also an amateur musician (she plays the alto saxophone in a not-for-profit community concert band) and an avid runner, having completed many half-marathons and a full marathon.
T: 416.214.5219
F: 416.214.5419
E: megan.marrie@shibleyrighton.com
Osgoode Hall Law School, LL.M., 2010
Osgoode Hall Law School, LL.B., 2006
Dalhousie University, B.Comm. (with distinction), 2001