In the face of ongoing impacts from global events and market uncertainty, the laws and rules governing construction liens in Ontario are constantly evolving, increasingly challenging and highly technical.
To achieve the best results for your client 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 their advisors, this intensive program will give you a practical understanding of how to navigate the crucial elements and changes affecting construction liens processes in Ontario.
You will learn the latest insights and tips from multi-disciplinary experts, including perspectives from decision-makers. You will work through the lien trial process, obtain valuable resources, discuss best practices, and understand 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 2023 – includes ongoing impacts from the pandemic and other global events and crises and top tips for virtual proceedings
How to navigate new rules and laws and conflicts
How to get a trial management hearing outside of Toronto
How to identify gaps in the law and how to fill them in your contracts & subcontracts
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
Oddball and other liens, including the non-lienable
What is the liability for exaggerated liens?
Troubleshooting tips – what to do when there are two subcontracts issued to one trade? Federal land?
To lien or not to lien? How to assess the legal and strategic considerations, including:
Interplay between liens and adjudication
Relationships in the construction industry and related dynamics
Alternatives to liens (other security and dispute resolution procedures)
Deciding whether to lien or not after losing at adjudication
Monetary limits and minimums – are there amounts too small for a lien?
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
Please Note: Registration includes access to three online modules Construction Liens in Ontario: The Essentials, Ted’s Lien Talk: Key Changes to Complex Liens under Ontario’s Construction Act, and Breach of Trust and Companion Remedies: Moving Beyond the Usual and Other Risks (available on demand on April 3, 2023).
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
The Honourable Phillip W. Sutherland
Ontario Superior Court of Justice
Associate Justice Charles Wiebe
Ontario Superior Court of Justice
Chris Burr
Blake, Cassels & Graydon LLP
Philip Cho
WeirFoulds LLP
Cathy DiMarco
Pallett Valo LLP
Paul Hancock
Daoust Vukovich 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
Program Agenda
Chairs’ Welcome, Remarks and Overview (9:00 a.m. ET)
Lea Nebel,
Blaney McMurtry LLP
Maria Ruberto,
Pallett Valo LLP
Session will follow the path of a lien matter from start to resolution, including title searches
What’s new for 2023? Key updates, impacts and issues you need to know
Geographic distinctions – including virtual proceedings
The class‑action like nature of a lien proceeding
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
10:30 a.m.
Health Break
Lena Wang,
Glaholt Bowles LLP
Overview of the interplay between construction liens and the adjudication regime
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
Deciding whether to lien or not after losing at adjudication
Monetary limits and minimums – are there amounts too small for a lien?
When should you pursue other remedies?
11:40 a.m.
Health Break
Paul Hancock,
Daoust Vukovich LLP
Edward Lynde QArb,
Fasken Martineau DuMoulin LLP
Key developments and risks in the face of the ongoing pandemic and other global impacts
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
12:45 p.m.
Lunch Break
Join The Honourable Phillip Sutherland and 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 a valuable tip sheet, which will serve as a vital resource long after the program concludes.
2:30 p.m.
Health Break
Chris Burr,
Blake, Cassels & Graydon LLP
Philip Cho,
WeirFoulds LLP
Overview of the current landscape, key developments and trends
Understanding the collision between bankruptcy and construction trusts
Overview of the CCAA and BIA – how do they work?
What are the lien priorities during an insolvency
What is a CCAA proceeding? What is a stay of proceedings?
What is a lien regularization order, or what happens when you don’t follow the Act and the CCAA kicks‑in?
What to do if the CRA gets involved
Top tips and best practices for dealing with an insolvent contractual party:
Managing the contract in the face of insolvent party
Unique features of dispute resolution proceedings
Getting the project built while containing risks
How to protect yourself more effectively
3:40 p.m.
Health Break
Catherine DiMarco,
Pallett Valo LLP
Robert Kennaley,
Principal, Kennaley Construction Law
Get the latest updates to identify crucial gaps and inconsistencies in the law and practical guidance on how to manage them through contractual language and field strategies.
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 the ‘one matter per adjudication’
Importance of the Notice of Adjudication and the choice of Adjudicator
5:00 p.m.
Program Concludes
Paul Hancock,
Daoust Vukovich LLP
What is a lien? When do rights arise and expire?
Understanding the different types of liens
How to preserve, register and give a lien – vacate, discharge and perfect
What is the liability for exaggerated liens?
Troubleshooting tips
Ted Rotenberg,
Drudi Alexiou Kuchar LLP
Leases – key steps, determining ownership and the pros and cons in your situation
Condominiums – key steps, entitlement and analyzing whether to lien work by or on behalf of the condominium corporation
Municipalities and Crown Agencies – key principles, mechanics and navigational tips
Subdivisions – entitlement, lot and by‑lot provisions, park lands and buffer zones, roads and residential homes
Troubleshooting tips to avoid common pitfalls
Ted Rotenberg,
Drudi Alexiou Kuchar LLP
Tushar Sabharwal,
Drudi Alexiou Kuchar LLP
Overview of a breach of trust action and remedies – key principles, mechanics, steps and the pros and cons to consider
Summary of key trust action issues, challenges and what they mean
How to prevent or mitigate liability
Troubleshooting tips to avoid common pitfalls, including if your matter ends up in court
Session includes resources for bringing/defending a breach of trust action
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:
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.”
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All online; combination of live and asynchronous learning.
5 Days
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