In the face of ongoing market uncertainty, the highly technical laws and rules governing construction liens in Ontario are increasingly difficult to navigate in a timely and proper manner.
To protect your client interests in this challenging area – and to avoid costly missteps – you must keep current on the latest in law and practice.
Developed for experienced industry professionals and legal advisors, this intensive program will give you a practical understanding of how to navigate the technical elements and legal and practice changes impacting construction liens processes in Ontario.
You will learn the latest insights and tips from a multidisciplinary faculty of legal practitioners and decision-makers who preside over construction matters. You will work through the anatomy and mechanics of liens and the lien trial process and you will learn best practices and which tactics to use – or avoid – in your lien matters.
Registration includes 120-day unlimited, online access to the recorded program.
What You’ll learn
Key updates, impacts and best practices for 2024 – what’s happening in the industry, what are the biggest risks and changes impacting liens arising from ongoing market uncertainty
How to navigate new rules, laws and conflicts and managing your lien matters
How to get a trial management hearing outside of Toronto
When do liens arise? When do they expire?
How to recognize and differentiate the various types of liens
The mechanics of how to preserve, register and give a lien – including vacating, discharging and perfecting
How to identify gaps in the law and fill them using language in your contracts and subcontracts
Troubleshooting tips – what to do when there are two subcontracts issued to one trade? Federal land?
Oddball and other liens, including the non-lienable
To lien or not to lien? How to assess the legal and strategic considerations, including:
o Interplay between liens and adjudication
o Relationships in the construction industry and related dynamics
o Alternatives to liens (other security and dispute resolution procedures)
o Deciding whether to lien or not after losing at adjudication
o Monetary limits and minimums – are there amounts too small for a lien?
o What to do when CRA gets involved?
How to evaluate what’s truly a lienable service – including capital repairs, maintenance, construction management, design services, union work
What is the liability for exaggerated liens?
Please Note: Registration includes access to three online modules (available on demand on February 9, 2024):
Construction Liens in Ontario: The Essentials
Ted’s Lien Talk: Key Changes to Complex Liens under Ontario’s Construction Act
Breach of Trust and Companion Remedies: Moving Beyond the Usual and Other Risks
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 managers
Contract managers
Architects
Engineers
Business and finance professionals
Insurance professionals
Consultants
Faculty
Program Chairs
Jason Annibale
Partner, McMillan LLP
Sandra Astolfo
Partner, WeirFoulds LLP
Program Advisor
Geza Banfai
Counsel, McMillan LLP
Instructors
Associate Justice Charles Wiebe
Ontario Superior Court of Justice
Chris Burr
Blake, Cassels & Graydon LLP
Cathy DiMarco
Pallett Valo LLP
Paul Hancock
Daoust Vukovich LLP
Adrienne Ho
Aird & Berlis LLP
Robert (Rob) Kennaley
Partner, Kennaley Construction Law
Edward Lynde QArb
Fasken Martineau DuMoulin LLP
Lea Nebel
Partner, Blaney McMurtry LLP
Maria Ruberto
Pallett Valo LLP
Theodore (Ted) Rotenberg
Drudi Alexiou Kuchar LLP
Tushar Sabharwal
Drudi Alexiou Kuchar LLP
Lena Wang
Partner, Glaholt Bowles LLP
John Vanos
Manager of Project Management, Physical Resources, University of Guelph
“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.”
Program Agenda
Chairs’ Welcome and Overview
Lea Nebel
Blaney McMurtry LLP
Maria Ruberto
Pallett Valo LLP
Session will generally follow the path of how a lien action is commenced, how it proceeds and how it can be resolved.
Overview of conducting title searches – getting it right:
Teraview Documents – parcel abstracts, mortgages, instruments and encumbrance
Applications to Delete, construction lien forms, proper terminology
Issues with LRO not understanding things like when we as counsel can and cannot make a ‘sheltering statement’
Geographic distinctions in select regions (within and outside Toronto)
The class-action like nature of a lien proceeding – includes references and discovery
How to set a lien down for trial
Understanding the new procedures under the Construction Act:
Scott Schedules, Vetting Committee, Carriage and Salvage Costs
Pre-Trials and Settlement Meetings
Reports and Interim Reports
Consolidation orders and consecutive trials
How to get a trial management hearing (within and outside Toronto)
Lena Wang
Glaholt Bowles LLP
The interplay between construction liens and the adjudication regime – deciding whether to lien or not after losing at adjudication
The importance of relationships in the construction industry and the related dynamics
Pros and cons of alternatives to liens and other security and dispute resolution procedures
Getting the timing right – bankruptcies and insolvencies and contract terminations
Monetary limits and minimums – are there amounts too small for a lien?
When should you pursue other remedies?
Paul Hancock
Daoust Vukovich LLP
Edward Lynde QArb
Fasken Martineau DuMoulin LLP
How to lien portable structures – summary of recent case law
What’s the difference between a capital repair and maintenance?
Do construction managers have liens?
What about design professionals?
Liens from union workers?
How to lien a mine
Oddball and other liens, including the non‑lienable
Join Associate Justice Charles Wiebe for an interactive walk‑through of a lien trial, including the proper pre‑trial practices for select regions, focusing on best practices and recommended “dos and don’ts” when appearing before a decision‑maker in court. The session will include tips for in-person vs. virtual proceedings and you will get valuable tips, which will serve as a vital resource long after the program concludes.
Chris Burr
Blake, Cassels & Graydon LLP
Adrienne Ho
Aird & Berlis LLP
Overview of the CCAA and BIA – how do they work?
What are lien priorities during an insolvency
What is a CCAA proceeding? What is a stay of proceedings?
What is a lien regularization order, and how might it dismantle the Construction Act?
What to do if the CRA gets involved
Top tips and best practices for dealing with an insolvent contractual counterparty:
Managing the contract in the face of insolvent party
Unique features of dispute resolution proceedings
Getting the project built while containing risks
Recent insolvencies in the news and the road ahead for the construction industry
Catherine DiMarco
Pallett Valo LLP
Robert Kennaley
Principal, Kennaley Construction Law
Transition provisions and multiple contracts on a project: which version of the Act applies?
Release of holdback on a phased or annual basis and how to handle release of holdback during adjudication
Preserving the lien against a Municipality
Public contracts and the contractor’s bonding obligations
“Giving,” “providing” and “serving” of documents under the Act
What should be included in the Proper Invoice?
What is the timing, effect and import of a Notice of Termination of Contract?
Limitation involving ‘no adjudication once the contract or subcontract is complete’
Scope of ‘one matter per adjudication’
Importance of the Notice of Adjudication and the choice of Adjudicator
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:
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A scheduled replay of a past program, with the ability to ask questions.
1 Day
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