Critical Updates for Construction Law and Practice in Ontario
Program Length
1 Day
Program Dates
In-Person (Live)
Learn with peers in a classroom setting.
Online (Live)
Learn with peers in real-time online environment.
Online (Replay)
A scheduled replay of a past program, with the ability to submit questions.
Critical Updates for Construction Law and Practice in Ontario
Program Chairs
Sandra Astolfo
Partner, WeirFoulds LLP
Marcia Oliver, CS, QArb
General Counsel, and VP Legal & Indigenous Relations, Bennett Group
Get prepared to deal with key legal developments impacting construction projects and practice in Ontario.
Lawyers and experienced industry professionals need to stay current on key legal developments impacting construction projects in Ontario, and how to deal with them.
A chain of cascading contracts sets out the relationships and obligations among parties to a construction project. In Ontario, these relationships are governed by evolving case law and legislation including the soon-to-be amended Construction Act, resulting in uncertainty, conflicts and gaps as to how to interpret, navigate and implement evolving obligations and interests.
In one day, a leading faculty of legal, industry and insurance experts will help you decode the need-to-know developments impacting construction law and practice in Ontario, and provide tactical guidance for dealing with them and protecting your client’s interests – including the practical steps that owners, contractors and subcontractors/trades need to take to satisfy shifting risk, rights and obligations. You will receive up-to-date knowledge and tools and a clear understanding of which tactics to use – or avoid – to help you confidently and competently manage key risks and challenges on every project.
Can’t Make the Date? Registration includes 120-day unlimited, online access to the recorded program.
What You’ll Learn
How and why Ontario’s Construction Act will be changing, and the key practical implications to your project, including:
Holdbacks
Proper invoices
Notices
Contract and claims management
Transition periods
Adjudication regime:
What the enhanced adjudication regime means for your project and disputes, and how to take advantage of the broadened jurisdictional reach and the new time periods
Critical caselaw updates impacting the adjudication regime and what to do about them, including: High Tech Power, Jamrik, Accurate Railroad, MGW Homes, Caledon
Contract management strategies and tips, including recommended treatments for specific contractual clauses:
Good faith and honest performance
Economic loss
OHSA
Due diligence defence
Flow through claims
Arbitration
Tactics for overcoming drafting and negotiating pitfalls including terms such as:
Sale of Goods Act
Subsurface conditions/differing site conditions
Indemnity provisions
Liability caps
Indirect/special/consequential damages
Practical considerations and tools for navigating insurance risk and claims, with distinctions and tips for bringing or defending claims, including:
Shifts to the interpretation of risk and liability
Developments impacting insurance standards and policies
Trends involving professional negligence and the standard of care
Lawyer’s professional liability insurance in Ontario (LawPro)
Best practices and insights for optimizing day-to-day contract administration processes and procedures, including:
Managing the contract
Decoding changes and negotiating key contract provisions (cheat sheets)
Enhancing standard communications
Optimizing your claims management practices and procedures (bringing or defending a claim)
Internal best practices for managing risks associated with claims
Tips for drafting and communication
Program includes key considerations and perspectives for:
Owners
General contractors/major trade contractors
Subcontractors/trade contractors/suppliers
Who Should Attend
Construction and in-house lawyers
Litigation and real estate lawyers
Municipal, government and procurement professionals
Owners and developers/
Builders and construction professionals
Project, risk or contract managers
Business, finance or operations professionals
Insurance professionals
Architects
Engineers
Consultants
Faculty
Program Chairs
Sandra Astolfo
Partner, WeirFoulds LLP
Marcia Oliver, CS, QArb
General Counsel, and VP Legal & Indigenous Relations, Bennett Group
Instructors
Glenn Ackerley
Partner, WeirFoulds LLP
Brendan Bowles
Glaholt Bowles LLP
Eni Eski
Lundy Levy Eski Baum LLP
Anna Esposito
Mediator, Certified Specialist Construction Law, Pallett Valo LLP
Annik Forristal
Partner, McMillan LLP
Roger Gillott
Osler Hoskin & Harcourt LLP
Webnesh Haile
Singleton Reynolds LLP
Robert (Rob) Kennaley
Principal, Kennaley Construction Law
Michele Kidd
General Counsel, Flynn Group of Companies
Chris Moran
General Counsel, Maple Reinders Group Ltd.
Martine Morin
Unit Director and Counsel, Lawyers’ Professional Indemnity Company (LawPRO)
Jennifer Roberts
Counsel, Gibbs & Associates
Neeta Sandu
Pallett Valo LLP
Hayley Watts
Senior Legal Counsel, Legal Services, Halton Region
Leanne Rapley
Senior Legal Counsel & Mediator, Rapley & Company
“Law plus on the ground expertise makes for a great educational opportunity. Oversight by seasoned industry practitioners together with the varied experience of the course attendees made for a terrific program.”
Agenda
Chairs’ Welcome and Opening Remarks (9:00 a.m. ET)
Glenn Ackerley, WeirFoulds LLP Anna Esposito, Pallett Valo LLP
Learn what’s new and what’s happening with the Act and how the anticipated changes will impact your construction projects and practice in Ontario. Get risk management tips and implementation insights and considerations from a panel of experienced counsel as they discuss lessons learned, and the practical strategies you need to identify and deal with the amendments in your practice, including:
Mandatory annual release of holdback
Enhanced and broadened adjudication
Deeming of proper invoice
Transition period
Roger Gillott, Osler Hoskin & Harcourt LLP Kartiga Thavaraj, Paliare Roland Rosenberg Rothstein LLP
Learn about critical updates in contract law, the interpretation of contract clauses, and how the developments will impact your construction projects and practice in Ontario. Enhance your drafting and negotiation skills with insights and tips for managing the associated risks and challenges, and important takeaways from lessons learned. Cases discussed will include:
R v Sudbury – OHSA and due diligence defence
Winnipeg v Bird – economic losses
CM Callow v Wastech Services – good faith/honest performance
Aroma Franchise v Aroma Espresso Bar – arbitration
Get up to speed on how to deal with important changes to contract clauses and new interpretations applicable in Ontario. Session will include practical considerations, troubleshooting techniques, drafting and communication tips, and insights for avoiding common pitfalls. Contractual clauses discussed will include:
Sale of Goods Act – exclusionary clauses
Subsurface conditions/differing site conditions
Indemnity provisions – who and what
Liability caps
Indirect/special/consequential damage
Rob Kennaley, Principal, Kennaley Construction Law Neeta Sandu, Pallett Valo LLP
Faculty will review important case law updates impacting adjudication proceedings in Ontario and provide strategies for implementing the cascading changes to the processes, procedures and project risk management efforts. Gain practical risk management insights and tips for communication, drafting, and early problem solving from a dispute avoidance perspective. Cases discussed will include:
High Tech Power
Jamrik
Accurate Railroad
MGW Homes
Caledon
Eni Eski, Lundy Levy Eski Baum LLP Jennifer Roberts, Gibbs Law LLP Douglas Strong, Chief Underwriting Officer, Design Professional, AXA XL
Whether bringing or defending a claim, you need to stay on top of the critical legal updates, developments and associated best practices impacting your construction and design/engineering projects, especially where the claim may involve allegations of professional negligence and standard of care. Get a practical overview of essential insurance considerations, risk management best practices, as well as tips for bringing or defending claims.
Bringing claims
Defending claims
Standards
Policies of insurance
Brendan Bowles, Glaholt Bowles LLP Martine Morin, Unit Director and Counsel, Lawyers’ Professional Indemnity Company (LawPRO)
In this session, faculty will discuss what you need to know, as well as best practices for understanding and navigating risks and repairs involving professional liability insurance for the legal profession in Ontario. Session will include practical considerations, insights and strategies for managing, mitigating or avoiding risk as well as navigating common challenges and missteps involving coverage, claims and credits.
Michele Kidd, General Counsel, Flynn Group of Companies Chris Moran, General Counsel, Maple Reinders Group Hayley Watts, Senior Legal Counsel, Legal Services, Halton Region
In this closing session, an owner, contractor and subcontractor/trade will come together to summarize important practical considerations, implications and their recommended “do’s and don’ts” when administering the contract and managing claims. Learn from their insights and tips for clear and effective communications, reducing delay, relationship management, early problem solving, and how to avoid unnecessary escalation.
What’s new and important involving risks, considerations and issues for:
Owners
Contractors
Subcontractors/trades ·
Practical overview and key takeaways, with perspectives and distinction for owners, contractors, and subcontractors/trades, involving:
Managing the contract
Key contract provisions (cheat sheets)
Standard communications
Claims management (bringing or defending a claim)
Internal best practices to manage risks associated with claims
Newly licensed regulated professionals within the past 2 years receive 50% off the regular program fee.
Time
May 15, 2025 9:00 a.m – 5:00 p.m (ET)
Substitution of registrants is permitted at any time prior to the start date of the program. If you are unable to find a substitute, a full refund is available if a cancellation request is received in writing 14 days prior to the start of the program. If a cancellation request is made with less than 14 days notice, an administration fee equal to 20% of the program cost, to a maximum of $250 will apply per person. Payment is required to receive access to the program.
We will make every effort to present the program as advertised, but it may be necessary to change the date, location, speakers or content with little or no notice. In the event of program cancellation, York University’s and Osgoode Hall Law School’s liability is limited to reimbursement of paid fees.
As law evolves, we know how important it is to stay up to date. We also understand the financial implications of continuously upgrading your professional skills and knowledge. For more information on available options, including Job Grants, OSAP, please visit:
Certified Adjudicator, Ontario Dispute Adjudication for Construction Contracts (ODACC)
“Lots of good information and insights. All speakers were appropriate for and well-informed on the topics of the program. I was very pleased with the [online] program – convenient and did not require any additional travel or accommodations.”
CPD and Accreditation
OsgoodePD is an accredited provider with the LSO, the Law Society of BC and NY CLE Board. Select your location to view the eligible hours you may claim.
A combination of live in-person and asynchronous online learning.
Online (Blended)
All online; combination of live and asynchronous learning.
Mar 31, 2025
Online (Replay)
A scheduled replay of a past program, with the ability to submit questions.
1 Day
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