Ontario Construction Liens – Advanced Issues and Strategies

8:30 a.m. Onsite Registration Opens

9:00 a.m. Setting the Stage: What’s Ahead in Advanced Lien Strategy

9:10 a.m. The Holdback Unlocked: Strategies to Access What You’re Owed

In this opening session, you will examine the various pools of holdback funds and how to access or protect those funds, including:

• Demystifying basic, finishing, and notice holdbacks
• Using motions to release funds from reluctant payors
• Navigating vetting committees and salvage cost recovery
• Identifying common holdback pitfalls and tactics for avoiding or mitigating risk
• Ethical considerations and tips when advising clients on holdback recovery
  • Communicating realistic expectations
  • Managing client expectations
  • Maintaining civility and integrity
• Tips for enhancing your claims with strategic timing and documentation

Lia Bruschetta, Osler Hoskin & Harcourt LLP

10:10 a.m. Trustees, Trials and Trade-Offs: Making Smarter Moves in Lien Disputes

10:55 a.m. Break

11:10 a.m. Lien Priorities and Power Plays – Navigating Part XI of the Construction Act

In this session, you will explore the priority sections of the Construction Act and faculty will share insights and practical tips for evaluating and navigating the priorities.

• Decoding lien rights assignments and continuation orders
• Navigating class and mortgage priority conflicts
• Addressing execution creditor and union claims
• Strategizing around general liens and security interests
• Applying priority rules to real-world lien disputes

Maria Ruberto, Pallett Valo LLP

12:10 p.m. Lunch Break

1:10 p.m. Oddball Liens: Tackling the Tricky and Unexpected

Faculty will review some unique and complex liens and share tactics for determining whether lien rights are available or not.

• Assessing lien rights for incomplete subcontract and dates of last supply
• How to lien federal lands, mines, and portable structures
• Using regularization orders to revive expired or invalid liens
• Identifying lien rights for unconventional services and materials
• Strategies for avoiding traps in non-standard lien scenarios

Paul Hancock, Daoust Vukovich LLP
Edward Lynde, Fasken Martineau DuMoulin LLP

2:00 p.m. Fireside Chat with the Bench: Best Practices and Do’s & Don’ts Leading up to and in Court

Join decision-makers for an interactive walk-through lien motions and a lien trial, including the proper pre-trial practices, and focusing on best practices as well as recommended “do’s and don’ts” when appearing before a decision-maker. The session will include tips for in-person vs. virtual proceedings, professional conduct and cavity considerations, and you will get valuable tips, all to serve as a vital resource long after the program concludes.

• Preparing for lien motions and trials with confidence
• Judicial expectations for pre-trial and in-court conduct
• Mastering the “do’s and don’ts” of courtroom advocacy
• Adapting to virtual vs. in-person proceedings
• Judicial perspectives on professional conduct and civility in lien litigation
  • Inclusive advocacy and respectful conduct
  • Support for self-represented litigants and diverse parties
  • Best practices for respectful communication in virtual hearings
• Insights into current judicial approaches to lien disputes

Featuring:
Justice Calum MacLeod, Superior Court of Justice
Associate Justice Charles Wiebe, Superior Court of Justice

3:00 p.m. Break

3:15 p.m. Lien Sureties and Subrogation: Getting Paid When the Stakes are High

Session will explore how lien claimants can get payment from sureties

• Understanding how to secure payment from sureties
• Navigating subrogation and lien assignment mechanics
• Drafting and negotiating effective ratification agreements
• Preparing key documents required by sureties
• Managing lien rights in insolvency and stay scenarios

Richard Yehia, Borden Ladner Gervais LLP

4:00 p.m. Lien Law in Motion: What’s New and What You Need to Know and Do

In this closing session you will learn about key legal developments impacting the construction liens process in Ontario as well as best practices for addressing them in your practice.

• Staying ahead of legal developments in Ontario lien law
• Identifying emerging risks and trends in construction disputes
• Applying best practices for compliance and risk management
• Adjusting strategies for evolving project structures and payment models
• Enhancing client advice with current legal intelligence

Rob Kennaley, Principal, Kennaley Construction Law

5:00 Program Concludes