Construction in Canada

Borden Ladner Gervais LLP

Borden Ladner Gervais LLP delivers first-rate expertise on a wealth of project types, from transport and health service ventures through to social infrastructures and energy schemes. Patricia Morrison KC leads the practice from the Calgary office and thrives on commercial, industrial and infrastructure project disputes in addition to front-end matters such as deliver models, tenders and contract negotiations; she operates alongside Jeffrey Vallis KC, an expert on the contentious front who caters to owners, lenders, contractors and subcontracts on a broad range of blockbuster disputes. Toronto-based Richard Shaban serves as a transactional, project delivery and procurement expert, who has forged an enviable reputation within the healthcare space meanwhile, over in Montreal, Simon Grégoire is a star name for disputes relating to infrastructure and energy projects. Further core strengths of the practice include project governance models, public funding and private financing structures, land acquisition, project agreements and project administration matters, among many others.

Practice head(s):

Patricia Morrison KC

Other key lawyers:

Simon Gregoire; Richard Shaban; Jeffrey Vallis KC; Gabriel Lefebrve;  Rodney Smith; Hugh Meighen; Jason Buttuls

Key clients

Aviva Insurance and Argo Surety

BC Hydro

Canada Infrastructure Bank

City of Ottawa

Construction Polaris Inc.

Doosan Power Systems Ltd.

EBC

EDT (Consortium of EBC, Dragados and Transelec)

Eurovia VINCI

Flatiron

Graham Construction

Government of British Columbia

Groupe TNT (currently Transelec)

Infrastructure BC

Infrastructure Ontario

Metrolinx

Northland Power

NouvLR

Pomerleau

Province of Nova Scotia

SNC-Lavalin

The Hospital for Sick Children

Tower EBC

TransLink

Zeidler Partnership Architects

Zurich Insurance Company

Work highlights

    Singleton Urquhart Reynolds Vogel LLP

    Founded in 1982, Singleton Urquhart Reynolds Vogel LLP is Canada’s leading construction and infrastructure law boutique, operating across an array of major projects, highly significant disputes and government reviews, among other affairs. John Singleton KC, who serves as chairman emeritus, has overseen in excess of 70 projects over the past ten years, predominantly focusing on P3 and major infrastructure endeavours; he is supported by Bruce Reynolds, a star name for construction disputes who has also overseen major projects throughout North America and beyond. Alongside Reynolds, Sharon Vogel holds the distinction of assisting the Ontario government in the shaping of the Construction Act and is one of the market’s foremost names for major infrastructure litigation, in addition to breach of contract, delay, construction insurance, architect and engineer error, lien and surety bond disputes. Stuart Hankinson KC is yet another standout, owing to his 30 years’ worth of experience and prowess in multi-billion-dollar arbitrations. The firm has offices in both Vancouver and Toronto.

    Other key lawyers:

    Jesse Gardner; James Little

    Testimonials

    ‘Extremely knowledgeable team with specialised expertise and knowledge of the construction claims sector.’

    ‘Bruce Reynolds and James Little are extraordinarily knowledgeable about construction claims and litigation, the industry and its players, and are very attentive to their clients’ needs. Communication is exceptional with this firm.’

    Key clients

    BC Hydro

    Providence Health Care

    Federal Government of Canada and Defence Construction Canada

    Seaspan (Victoria Shipyards Ltd)

    The City of Brampton

    PowerTel Utilities Contractors Limited

    Metro Vancouver

    BC Housing Management Commission

    Stantec Engineering

    Aviva Insurance Canada

    Bot-Ferrovial Nipigon Joint Venture

    Victor Insurance

    Fibreco Export Inc.

    City of Ottawa

    Metrolinx

    Dentons

    Dentons is active across the entirety of Canada on both front-end and back-end matters, providing in-depth expertise on procurement, contractual, dispute avoidance, design issue, professional liability, insurance and tendering mandates. The practice is co-headed from Vancouver by Jana Mansour, whose qualification in the US and UK renders him a go-to for cross-border projects, alongside Karen Martin KC, a leading expert in RFP, contract, engineering issue, negligence and builders’ liens-related litigation.

    Practice head(s):

    Jana Mansour; Karen Martin KC

    Other key lawyers:

    John Haythorne; Dennis Picco KC; Pierre Grenier; Karen Groulx; Lampros Stougiannos; Alexis Barr-Gusa; Alim Khamis

    Key clients

    Vancouver Fraser Port Authority

    Livent

    JGC Fluor

    Acciona

    Cree Board of Health and Social Services of James Bay (“CBHSSJB”)

    Montreal Port Authority

    Régie Régionale de la Santé et des Services Sociaux du Nunavik (RRSSSN)

    Enbridge

    Knight Piésold Ltd.

    City of Richmond

    Work highlights

    • Representing Infrastructure Canada and Public Works in connection with a claim by the Private Partner before the Montréal Superior Court (500-17-118527-210) for an amount of $378M in damages for alleged constructive acceleration measures implemented following the 2018 crane operators’ illegal strike in the Province of Quebec.
    • Advising VFPA with respect to the procurement of multiple transportation infrastructure projects across Metro Vancouver, involving construction, traditional design-build and progressive design-build delivery approaches, in collaboration with industry and other local, provincial, and federal agencies.
    • Acted for Acciona in a matter concerning the termination of a public private partnership contract for a major wastewater treatment plant in British Columbia. The project is complex and is one of the most significant pieces of infrastructure in the province of BC and the client is one of the leading wastewater treatment plant and infrastructure contractors in the world.

    Goodmans LLP

    A Toronto-based team with a national scope, Goodmans LLP‘s construction practice demonstrates prowess in project risk, design/build agreement, construction contract, joint venture and dispute matters, among others. Howard Wise leads the team and is highly acclaimed for disputes work which sees him engaged by owners, financiers, design professionals, general contractors and subcontractors; his team includes Joseph Cosentino who complements his prowess in litigious matters with a prominent track record in negotiation and drafting significant construction contracts.

    Practice head(s):

    Howard Wise

    Other key lawyers:

    Joseph Cosentino; Brad Halfin; Tamryn Jacobson; Jill Snelgrove

    Key clients

    Geo. A. Kelson Company

    Walsh Construction Company Canada

    Pomerleau Inc.

    The William’s Companies, Inc.

    Noram Building Systems Inc.

    Reliance Construction Group

    Ainsworth Inc.

    Eiffage Innovative Canada Inc./Eiffage GC Canada Inc./Eiffage Infrastructures

    Amico Infrastructures Inc.

    Ontario Lottery and Gaming Corporation (OLG)

    Consolidated Contractors Group S.A.L.

    North America Construction (1993) Ltd.

    Greenland Lakeside Development Company Ltd.

    Work highlights

      Bennett Jones LLP

      Particularly reputed within the Western Canadian market, Bennett Jones LLP is geared to support on the contractual, litigious, project governance, risk mitigation, front-end engineering and procurement aspects of major projects. Jason Roth leads the practice from Calgary, operating alongside John Craig KC, a specialist in domestic and multinational arbitration, litigation and mediation. Brian Reid is especially knowledgeable of the energy sector, combining disputes prowess with expertise in tender documents, joint venture contracts and construction agreements.

      Practice head(s):

      Jason Roth

      Other key lawyers:

      John Craig KC; Brian Reid

      Blake, Cassels & Graydon LLP

      A team active across Calgary, Montreal, Toronto and Vancouver, Blake, Cassels & Graydon LLP’s construction litigation team represents developers, engineers, architects, building and facility owners, contractors and insurers, among others, in a broad variety of multi-party disputes. Calgary-based David Tupper has litigated throughout all levels of the Alberta courts, in addition to the Federal Court and Federal Court of Appeal; he co-leads the team alongside Seumas Woods, a Toronto lawyer with a track record in payment, extras, deficiencies and delay disputes. The wider team is also proficiency on front-end matters such as contractual, procurement and project financing affairs.

      Practice head(s):

      David Tupper; Seumas Woods

      Key clients

      Air Liquide Canada Inc.

      British Columbia Hydro & Power Authority (“BC Hydro”)

      Elad Canada Inc.

      City of Edmonton

      European Mutual Association for Nuclear Insurance

      Condominium Corporation No. 1211695

      Staples Canada ULC

      Work highlights

      • Counsel for Air Liquide with respect to a lawsuit brought by Canadian Natural Resources Limited related to construction in the oil sands.      
      • Acted for the City of Edmonton with respect to a construction performance bond matter in the Court of Queen’s Bench of Alberta in which Zurich is the surety and Thales Canada Transportation Solutions is the principal.
      • Counsel to BC Hydro, a Canadian electric utility with respect to the construction of power infrastructure. The C$350-million dispute proceeded by arbitration under the British Columbia International Commercial Arbitration Centre Rules in 2016, 2017 and 2019. Partial Final Arbitration Awards were issued in 2018 and January 2020.

      Gowling WLG

      The team at Gowling WLG acts at all stage of major construction and infrastructure projects including design, procurement, contract drafting, financing, environmental review and dispute issues. The group is exceptionally knowledgeable of the construction aspects of multi-use, multiphased real estate development projects and is headed from Toronto by Ted Betts; he serves as an expert in the tendering, structuring, drafting and negotiation of construction contracts and routinely acts on P3, infrastructure, power, mining and transport schemes.

      Practice head(s):

      Ted Betts

      Other key lawyers:

      Brian Kapusianyk KC; Christopher Stanek; Mark Crane; Sahil Shoor; Magda Hanebach

      Key clients

      ACCIONA

      AECOM

      City of Greater Sudbury

      Keolis S.A.

      Ledcor Group Inc.

      McMaster University/McMaster Innovation Park

      RATP Dév, a subsidiary of the Société nationale des Chemins de fer de France (SNCF)

      RioCan Real Estate Management

      Siemens Canada

      Signature sur le Saint-Laurent

      Stantec

      Victor Insurance Managers

      Work highlights

      • Advising the City of Greater Sudbury in the procurement, design and construction of the Sudbury Events Centre. The Sudbury Events Centre will be a multi-functional event complex, including a 5,800 seat hockey arena and offering space concerts, weddings, private functions, corporate events, conventions, and office rentals.      
      • Advising Stantec/QBE Insurance on complex litigation matters related to the design and construction of the East Rail Maintenance Facility in Whitby, Ontario, which was an $860 million design-build project.
      • Counsel for Victor Insurance, the professional liability insurance company covering claims made against engineers, architects and other professionals in the provinces of Alberta, British Columbia, Saskatchewan and Manitoba.

      Norton Rose Fulbright

      Norton Rose Fulbright, one of the largest international firms, delivers a comprehensive service across the full lifecycle of projects, from initial procurement and project structuring through to claims and disputes. Daniel Leduc co-leads the team from Ottawa alongside Claudia Déry, a Montreal-based specialist in P3 who excels in tender document drafting. Key points of the differentiation for the practice include the emphasis it places on ethics and anti-corruption practice standards, as well as its track record in energy, water, healthcare, transport and education schemes.

      Practice head(s):

      Claudia Déry; Daniel Leduc

      Other key lawyers:

      Matt Mulligan; Keith Bustard; Kelly Moffet-Burima; Claudia Déry; Horia Bundaru; Ian Gosselin; Jenya Hammond; Ryan Griffith

      Key clients

      SNC-Lavalin Inc.

      CDPQ Infrastructure

      Copenhagen Infrastructure Partners

      Alberta Electric System Operator

      Metro Vancouver (Greater Vancouver Sewage & Drainage District)

      Capital Regional District (Greater Victoria)

      City of Ottawa

      Seaspan ULC

      Prince Rupert Port Authority

      Fraser Health Authority

      Axium Infrastructure

      Intact Insurance Company and Ledor Assurances

      Hydro-Québec

      Comox Valley Regional District

      EBC Inc.

      WSP Canada Inc.

      Santé Montréal Collectif CJV S.E.C.

      STRABAG

      Lulu Island Energy Company / City of Richmond

      Work highlights

      • Acting Copenhagen Infrastructure Partners, one of the world’s largest fund management and investment firm specializing in renewable energy infrastructure, on the purchase and subsequent development of the 465MW Travers solar power project in Southern Alberta.    
      • Acting for Rio Tinto Alcan in a C$105 million action with its contractor arising out of the construction of a 16 km tunnelling project connected to its Kemano hydroelectric power plant. The action involves the termination of the contractor, the design and operation of critical equipment, construction, health and safety practices and completion of the project by replacement contractors.
      • Defending Intact Insurance Company (Intact) in a suit filed before the Superior Court of the judicial district of Baie-Comeau by Rénald Côté (2007) Inc. (RCI) for $14,813 384 in additional and impact costs incurred during the performance of a construction contract and $9,097,655 in moral damages.

      Clyde & Co LLP

      Clyde & Co LLP operates across an array of projects including transport, energy, commercial development and infrastructure schemes, calling upon the firm’s network of 200 construction and infrastructure lawyers globally to provide a comprehensive national and international service. Montreal-based Carolena Gordon is extensively experienced in the defence of construction professionals, in addition to their employers and insurers; she co-leads the team which is also home to Seema Lal, a member of the Vancouver office, who supplements her knowledge of procurement, contract and builders’ liens matters with prowess in claims arising from extras and delays.

      Practice head(s):

      Carolena Gordon; Robert Emblem; George Karayannides; Jamie Spotswood; Craig Wallace

      Other key lawyers:

      Seema Lal

      Stikeman Elliott LLP

      Stikeman Elliott LLP is geared to support at all stages of a project’s lifespan, demonstrating a particular tenacity for finance and dispute matters. The team is active across real estate, energy, mining, infrastructure and renewables projects and is co-led by Calgary-based Michael Mestinsek alongside Erik Richer La Flèche, who works from Montreal, and Jamie Templeton, a member of the Vancouver team who enjoys a track record in multi-billion-dollar financings. Neil Shapiro is a more junior partner who is forging a stellar reputation for procurement, contractual, construction liens, project management and dispute affairs.

      Other key lawyers:

      Neil Shapiro; Dana Porter; Patrick Duffy; Pierre-Paul Daunais