Ontario’s Construction Act: Practical Considerations for Managing Disputes and Key Risks 2022

Moderators:

Glenn Ackerley
Partner, WeirFoulds LLP

Jason Annibale
Partner, McMillan LLP

Speakers:

Tariq Adi
CEO, Adi Development Group

Giovanni Cautillo
President, Ontario General Contractors Association (OGCA)

Wendy Law
Deputy City Manager, Administrative Services, and City Solicitor, City of Vaughan

Sandra Skivsky
Chair, National Trade Contractors Coalition of Canada (NTCCC), and Director of Marketing & Business Development, Canada Masonry Centre

In this opening session, industry leaders will summarize important industry updates, impacts and practical challenges involving the implementation of the Act and ongoing COVID-19 risks, as well as share their top tips and tricks as to how they’re dealing with them.

• Crucial updates on key industry impacts, risks and opportunities to date
  • What are the key impacts by sector?
  • What risks are they facing/seeing?
  • How has the pandemic changed things?
• Key practical implications of ongoing COVID-19 impacts and how the Act has helped or not
  • Money — Has cash-flow improved?
  • Dispute Resolution — Who has gone through adjudication? Have lien period changes helped? What is the latest on reprisal clauses?
• Tips and best practices for each group based on “lessons learned” so far
• Key steps and strategies taken to deal with COVID-19 and Act issues/impacts, including top tips, tricks and takeaways

10:45 a.m.
Health Break

Ted Betts
Partner, Gowling WLG LLP

Annik Forristal
Partner, McMillan LLP

Ethan McCarthy
Associate, Osler, Hoskin & Harcourt LLP

• How the Act and ongoing pandemic impacts affects legal risk, including: “Proper Invoice”, payment obligations, adjudication, liens involving a Municipality, contractor’s bonding obligations on public contracts, publications of CSPs and other statutory notices
• Contract drafting implications and considerations, including:
  • Requirements for a “Proper Invoice”
  • Invoice receipt and vetting process
  • General lien – expiry on a lot-by-lot basis
• Crucial contract management considerations, including bridging legal gaps, holdbacks, Notice of Termination of Contract, limitation involving “no adjudication once the contract or subcontract is complete”, scope of “one matter per adjudication” limitation, and the importance of the Notice of Adjudication and the choice of Adjudicator
• Best practices for handling monies on a project effectively – including the new requirements for accounting, tracking, and creating a separate trust account
• Top insights and tips based on lessons learned to date

12:30 p.m.
Lunch Break

Jason Annibale
Partner, McMillan LLP

Laura Brazil
Partner, McMillan LLP

Edward (Ted) Dreyer, Certified Adjudicator
Ontario Dispute Adjudication for Construction Contracts (ODACC), and Partner, Madorin, Snyder LLP

Sharon Vogel, FCIArb
Partner, Singleton Urquhart Reynolds Vogel LLP

Elise Teitler
Project Manager, Ontario Dispute Adjudication for Construction Contracts (ODACC)

Navigating dispute resolution processes under the Act continues to present challenges that are made more complex by the ongoing impacts of COVID-19. It is imperative that you know practical strategies and top tips for making each dispute resolution proceeding under the Act work for you in the current climate. You will examine top tips, tricks and takeaways to help you make each proceeding work for you.

• Special focus on each of the dispute resolution processes
  • Mediation, Arbitration, Litigation, Adjudication
  • Interface with liens and other remedies
  • How does each system work and what are the mechanics? What’s new/ changed?
  • Strategies to make each process work for you
  • Key areas that get neglected and how to handle them
• Distinctions for matters that end up in arbitration and the courts
• Procedural issues and how to solve them – including process changes and virtual proceedings
• How to commence an action or claim?
• Considerations for virtual proceedings, with distinctions based on type of proceeding
• Strategies and “do’s and don’ts” for navigating disputes based on lessons learned

2:45 p.m.
Health Break

Glenn Ackerley
Partner, WeirFoulds LLP

Matt Ainley, PQS, Certified Adjudicator
Ontario Dispute Adjudication for Construction Contracts (ODACC)

Dante Capannelli
Legal Counsel, EllisDon Corporation

Marcia Oliver, CS, QArb
General Counsel and VP Legal, Bennett Group

Elise Teitler
Project Manager, Ontario Dispute Adjudication for Construction Contracts (ODACC)

D. Ann Walters
Vice President, Legal Services, Infrastructure Ontario

You will have the opportunity to observe and interact with a live mock adjudication from the perspective of adjudicator and parties to the adjudication. The panel will examine various positions and provide guidance on the strategic use of evidence, language and other practical considerations when engaging in the adjudication regime. This demonstration and discussion will provide you with valuable sightlines into each stage of the adjudication process, along with tactics for dealing with the challenges you may face. You will observe the experts in action and get effective tips you can immediately use to better manage disputes under the Act for 2022 and beyond. Demonstration includes:

• Adjudication procedure
• Written submissions
• Decision
• Debrief, checklist and Q+A

5:00 p.m.
Program Concludes