Osgoode’s Construction Law LLM fills a gap in Canada’s legal education offering

Canada’s legal education community has a new landmark: the OsgoodePD Professional LLM in Construction Law.

Following its launch in the fall of 2024, the program – a first of its kind in Canada – is set to hit another milestone when the members of its inaugural cohort graduate later this year.

Andrea Lee, the co-founding program director, says Osgoode was the natural home for Canada’s first Construction Law LLM, considering the school’s pioneering history in the industry: for well over a decade, the popular OsgoodePD Certificate in Construction Law has offered professionals in the industry intensive, practical education on the core legal issues impacting construction projects over five information-packed days. Meanwhile, elective courses in construction law have been available to Professional LLM students in OsgoodePD’s Energy and Infrastructure and Business Law programs.

Lee’s role as an instructor on each of these courses meant she could feel the pressure building for a more comprehensive graduate-level offering in her practice niche before Osgoode launched its Construction Law LLM.

“When you really think about it, construction pervades all aspects of our lives,” says Lee, who is also the managing partner at Toronto construction law boutique Glaholt Bowles LLP. “The house you’re living in, the office you work in, and the infrastructure you use to move between them: each has a construction project behind it.” 

“As construction law has really grown in importance, I see more and more lawyers who are interested in learning more about the area,” she adds.

The timing of the program’s launch was perfect for Mark Schleindl, a senior management professional in the construction industry with decades of experience in procurement, engineering, disputes management and project management who has long harboured ambitions to complete a law degree.   

“I’ve spent a lot of time working with lawyers and I was always interested in learning more about the legal side of the industry,” he says. “When Osgoode rolled out its program, it matched up with where I was professionally.”

As Schleindl’s career has progressed, the focus of his practice has shifted from the development stages of construction projects – including design and procurement – towards the back end, helping companies to manage the challenges that come with the operation and maintenance of a completed structure. At every stage, he says construction contracts have been one common feature at the heart of his work.

“In the project lifecycle, there are many legal touchpoints,” he explains. “When you’re in the front end tendering and requesting proposals, you need to have the contractual part in good order, because if you have a strong contract at the beginning of your project, you’ll have fewer disputes in the back end.”

“The LLM has not only given me a deeper knowledge and understanding of the legal aspects and how things fit together, but it has also given me an opportunity to be more effective and efficient in helping people solve commercial issues,” Schleindl adds.

In addition to core required courses that tackle the basics of construction law theory and dispute resolution, LLM students have a chance to go deeper on hot topics in a rapidly changing legal landscape. Schleindl says he was particularly thankful for classroom discussions focused on recent changes to construction law legislation across the country.

“One of the great things about the program is how cutting edge and hands-on it is. The industry is evolving right now and I’m running into real examples of the very issues that we’re talking about in class,” he says. “The timing is great, because I can apply my learning to my work very directly.” 

The program’s popularity with industry professionals like Schleindl comes as no surprise to Lee. Building on Osgoode’s reputation as a leader in applied learning, the Construction Law LLM has a strong focus on interactive discussions and practical skills development that help students “improve their understanding of the contracts that they administer, the negotiation skills they use on behalf of their employers, the way they manage risk and how they resolve disputes,” Lee says.

Still, the appeal of the Construction Law LLM extends much further, according to Lee, who adds that lawyers who deal regularly with construction law issues or who wish to add a construction law element to their existing practice are prime candidates for the groundbreaking program.

Schleindl says the professional diversity of both the faculty and his classmates has been another highlight of his Construction Law LLM experience.

“We have experts in the field from Canada and around the globe giving lectures, but learning from your peer group is also really exciting and fulfilling,” he says. “The students with more technical backgrounds are learning to think analytically and those with legal backgrounds are learning about our perspective of the practical issues that come up when you’re actually working on a project.”

“My advice for prospective students is to be open to new ideas and be prepared to work hard. It’s a great challenge and a great program,” Schleindl adds.

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