The construction liens process in Ontario is highly technical, and the costs and burden for getting things wrong is escalating. Get the specialized knowledge and skills you need to effectively manage the construction liens process in Ontario.
Developed for experienced industry professionals and legal advisors, in this intensive program you will learn the latest in law and practice from highly experienced legal practitioners and decision-makers and how to improve your ability to navigate the construction liens process in Ontario. You will work through the anatomy and mechanics of liens and the lien trial process, and 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?
PLUS! Registration includes access to three online modules (available on demand on February 7, 2025):
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
Jason Annibale
Partner, McMillan LLP
Cathy DiMarco
Pallett Valo LLP
Paul Hancock
Daoust Vukovich LLP
Adrienne Ho
Aird & Berlis LLP
Robert (Rob) Kennaley
Principal, Kennaley Construction Law
Jeffrey Levine
McMillan LLP
Edward Lynde QArb
Fasken Martineau DuMoulin LLP
Lea Nebel
Partner, Blaney McMurtry LLP
Theodore (Ted) Rotenberg
Drudi Alexiou Kuchar LLP
Maria Ruberto
Pallett Valo LLP
Tushar Sabharwal
Drudi Alexiou Kuchar LLP
Lena Wang
Partner, Glaholt Bowles LLP
Nisar Patel
Law Office of Nisar Patel
“Very good. All faculty were very experienced in construction lien matters, and I valued learning more about the process to register a lien and lienable vs. non-lienable costs and services.”
Agenda
Chairs’ Welcome + Opening Remarks (9:00 a.m ET)
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/shifting 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 outside of Toronto
Session includes resources/takeaways
Lena Wang, Glaholt Bowles LLP
The importance of relationships in the construction industry and the related dynamics
Pros and cons of alternatives to liens – includes other security and dispute resolution procedures
Overview of the interplay between construction liens and the new adjudication regime – deciding whether to lien or not after losing at adjudication
Getting the timing right – bankruptcies and insolvencies and contract terminations
Monetary limits and minimums – are there amounts too small for a lien?
Tips for evaluating when to pursue other remedies
Paul Hancock, Daoust Vukovich LLP Edward Lynde, Fasken Martineau DuMoulin LLP
What’s the difference between a capital repair and maintenance?
Do construction managers have liens in Ontario?
What about design professionals?
Liens from union workers?
How to lien a mine?
How to lien portable structures – summary of recent case law
Oddball and other liens, including the non-lienable
Featuring: Associate Justices Charles Wiebe
Join Associate Justice Charles Wiebe for an interactive walk-through a lien trial, including the proper pre-trial practices for select regions, and focusing on best practices and their recommended “do’s 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.
Faculty will discuss critical highlights of leading cases and legislation changes impacting the construction lien process in Ontario, and provide you with practical takeaways to improve your liens management practice for 2025.
Cathy DiMarco, Pallett Valo LLP Rob Kennaley, Principal, Kennaley Construction Law
In this session, faculty will discuss what’s new and what’s happening with the Act and how the anticipated changes will impact the liens process in Ontario. Session will include lessons learned and practical strategies to help you identify and deal with important aspects of, among other things, prompt payment and adjudication.
Transition provisions and multiple contracts on a project: which version of the Act applies?
The Proper Invoice and Managing the 14-day Window for Review
The Notice of Termination of a Contract
Adjudication after Contract or Subcontract completion
Managing Pitfalls in Adjudication I: Before the process is started
Ledore Investments and Procedural Fairness in Adjudication
Managing Pitfalls in Adjudication II: After the process is started
Supplementary Conditions and Terms
R. v. Sudbury (City) (SCC)
Program includes three online modules to help clarify core concepts and to breakdown some important and complex topics. We recommend viewing all three Modules before attending the program.
Construction Liens in Ontario: The Essentials (70 mins, recorded in 2021) Paul Hancock, Daoust Vukovich LLP
Ted’s Lien Talk: Key Changes to Complex Liens under Ontario’s Construction Act (65 mins, recorded in 2020) Featuring: Ted Rotenberg, Drudi Alexiou Kuchar LLP Interviewers: Jason Annibale, McMillan LLP, and Sandra Astolfo, WeirFoulds LLP
Breach of Trust and Companion Remedies: Moving Beyond the Usual and Other Risks (73 mins, recorded in 2023 and 2024) Ted Rotenberg, Drudi Alexiou Kuchar LLP Tushar Sabharwal, Drudi Alexiou Kuchar LLP
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 combination of live in-person and asynchronous online learning.
Online (Blended)
All online; combination of live and asynchronous learning.
5 Modules
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