Navigating Everyday Construction Law Landmines - Best Practices for Smooth Digging
Author(s): Ontario Bar Association
Publication Date: February 2017
Format: shipped (hardcopy), download (PDF)


Description
Counsel who practice construction and infrastructure law must think strategically at every stage of the litigation process, especially when determining what steps to take and what collection remedies to pursue. Join us to hear from an experienced faculty on these timely topics:
  • The pros and cons of pursuing trust, lien and bond claims
  • The impact of the Supreme Court of Canada's decision in Stuart Olsen
  • Post-Urbacon: what motions or tools you should consider to move proceedings forward in an efficient and cost effective manner
  • How CCAA, receivership and bankruptcy orders have changed the landscape since Comstock and how you should respond
  • How to manage current ethical issues, walking through real life fact scenarios

PROGRAM CHAIRS

Sandra Astolfo, WeirFoulds LLP
Maria Ruberto, Pallett Valo LLP

TABLE OF CONTENTS

A Practical Approach to Multiple Collection Remedies Fact Scenario

Case Brief - Stuart Olson Dominion Construction Ltd v. Structal Heavy Steel 2015 SCC 43
Anna Esposito, Pallett Valo LLP

The Litigation Steps Post Urbacon Fact Scenario

Multi-Lien Proceedings from the Lien Claimants Perspective
Rob Kennaley, McLauchlin & Associates

Subtrades Issues - Urbacon v. Guelph (Presentation)
Rob Kennaley, McLauchlin & Associates

The trial management Direction of Master Wiebe for the trial of an issue (the notice holdback issue) in the Trenchline v. Metrolinx et al matter
Submitted By: Glenn Grenier, McMillan LLP

A precedent for a Scott Schedule
Submitted By: Glenn Grenier, McMillan LLP

An Order in the Receivership of Chartrand approving an early settlement with the Owner
Submitted By: Glenn Grenier, McMillan LLP

An operational Order in that same Receivership implementing the settlement
Submitted By: Glenn Grenier, McMillan LLP

Presentation
Glenn Grenier, McMillan LLP

Bankruptcy and Insolvency Orders Post Comstock, Atlas and Iona - The New Thorns Fact Scenario

Contractor's in Trouble - What's an Owner to do?
Dana Elisabeta Lezau, City of Hamilton, Legal Services Division

Discussion Points
Brad Newton, BDO Canada

CCAA Initial Order
Submitted By: Marcia Oliver, Advocates LLP

Lien Regularization Order
Submitted By: Marcia Oliver, Advocates LLP

Model Order - CCAA Initial Order (Toronto)
Submitted By: Marcia Oliver, Advocates LLP

Amended and Restated Initial Order
Submitted By: Marcia Oliver, Advocates LLP

Sample Intervention Order
Submitted By: Denise Bambrough, Borden Ladner Gervais LLP

Sample Stay Carve-Out Order
Submitted By: Denise Bambrough, Borden Ladner Gervais LLP

Sample Language to be Added to Receivership Order
Submitted By: Denise Bambrough, Borden Ladner Gervais LLP

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