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Welcome to the CCCL

Our Mission -
The purpose of the College is to facilitate and encourage the association of outstanding lawyers who are distinguished for their skill, experience and high standards of professional and ethical conduct in the practice or teaching of construction law and who are dedicated to excellence in the specialized practice of construction law.

Through the association of such members in an environment of collegiality and good fellowship, the College shall strive to nurture, improve and enhance the practice and understanding of construction law.

Officers of the College

President
Matthew R. Alter

Contact Information

Cassels Brock & Blackwell LLP
Scotia Plaza
Suite 2100
40 King Street West
Toronto, Ontario
M5H 3C2
Tel: (416) 860-6764 (Direct)
Fax: (416) 640-3083


E-mail     Website


Immediate Past President
T. Arthur Barry, Q.C.

 

Vice-President
Ken Crofoot


Secretary
John G. Murphy

 

Treasurer
Karen Martin

 

Program Coordinator

D. Geoff Machum, Q.C.

 


Governors of the College

The Board of Governors includes all of the Officers listed above, all Past Presidents (as ex-officio fellows), as well as:

Andrew Gurlesky
William Kenny, Q.C.
Bernard Quinn
John Margie
Murray Sawatzky, Q.C.

D. Geoff Machum, Q.C.

Patricia Morrison

Guy Gillain


Mike Demers is the CCCL's Website Committee Chair. Send mail to him at mdemers@jml.ca.

 

 

October 21, 2018

Inside this issue (a selection):

  • Supplier Beware: Appropriate Payments at Your Own Risk

Liteco v Nova Scotia (Transportation and Infrastructure Renewal), 2017 NSSC 304.

  • Always Judge a Bid by its Cover

C.F. Construction Ltd. v Town of Westville, 2018 NSSC 123.

 


Announcements

In late October 2018, Master Carol Albert, Honorary Fellow of the Canadian College of Construction Lawyers retired from the bench and her role as Toronto’s full time Construction Lien Master.
 

 

Twenty years ago, Master Albert left private practise to become an Ontario Superior Court of Justice Master. In 2001, she started hearing Construction Lien matters on a part-time basis and was a full-time Construction Lien Master for the past 14 years.

With more than 200 reported cases on Westlaw, Master Albert’s decisions address various provisions and technical issues under Ontario’s Construction Act (formerly the Construction Lien Act) and have helped advance precedence in this area and address developments within the construction industry. Never one to shy away from tough decisions, her rulings are carefully crafted and thoughtful. During Toronto’s post 1990s building boom, Master Albert has presided over cases involving some of the construction industry’s most complex, multi-party disputes with patience and efficiency.

Click here for the full announcement


 

College News

Annual General Meeting - 2018

 

Banff, Alberta - June 2018

 

“Taking Business to New Heights in Banff at 21st Annual CCCL Conference”


Banff, AB – [Thursday, June 7, 2018, Toronto] – The spectacular beauty of The Fairmont Banff Springs Resort in Alberta’s Rocky Mountains provided the backdrop for the Twenty-First Annual Conference of The Canadian College of Construction Lawyers, May 31 to June 3, 2018. Under the theme of THE CONSTRUCTION LAWYERS’ TOOL KIT OF THE FUTURE, more than eighty Fellows gathered to hear colleagues, guest speakers, and panellists share their industry insights and foresights covering a wide range of topics.

The Business Session opened with a panel discussion moderated by Bill Kenny, Q.C. addressing the latest issues relating to the conduct of construction arbitrations, featuring The Honourable Ian Binnie (former Justice of the Supreme Court of Canada), Jack Marshall, Q.C., Gerry Ghikas, Q.C. and CCCL Fellow Chris O’Connor, Q.C. Moderator Derek Brindle, Q.C. picked up the theme from a different perspective focused on issues related to Arbitration Agreements, featuring panellists Guy Sarault, Jane Sidnell and Jack Marshall, Q.C. The Panel focused on Administered v. Ad Hoc Arbitrations, International v. Domestic differences, and arbitration rules and procedural issues.

The Fellows were delighted to hear from The Honourable Mrs. Justice Finola O’Farrell DBE of The High Court of England and Wales who provided a comprehensive review of the statutory adjudication process in England, a presentation of particular relevance given the implementation of legislative amendments set to introduce statutory adjudication in Ontario.
 

Continued... Click here for a full press release about the College's 21st Annual Conference


Featured Article, April 2017

Construction vs. Design:

Sorting Out Claims Involving Multiple Parties and Contracts

© 2017 Harvey J. Kirsh

This article discusses the issues which arise in the context of a construction dispute when there are
numerous related contracts and multiple parties, and when one of the contracts, to which the other
parties may not be privy, calls for mandatory arbitration. The article describes the risk and reality of potentially inconsistent findings and conflicting results, in the midst of a multiplicity of proceedings.


The construction industry has many different players, and is characterized by a complex and broad web of business and legal relationships. A typical large project could involve one or more owners, design professionals, sub-consultants, lenders, quantity surveyors, project managers, general contractors, subcontractors, material suppliers, insurers, sureties, and others. What this tends to mean is that construction claims and disputes are somewhat unique, and very often involve multiple contracts, subcontracts and service agreements, and multiple parties, when some of these contracts might not contain an arbitration clause.


In many cases, we hear contractors defensively state that they are not responsible for the owner's claim -- it is not a ··construction" issue, they might say, but rather relates strictly to ··design." The engineer might retort that the design and the contract administration were just fine, but it was the contractor who did not perform his work properly.

... Click here for the full article

More articles >> 


Announcements

Journal of the Canadian College of Construction Lawyers 2014

The College has created a page where all indexes of the Journal of Canadian Construction Lawyers are now available in a searchable .PDF format.

This has been done to provide the legal community at large with an easy instrument in order to identify articles of interest related to all facets of construction law published in the Journal since 2007.

Click here for more information.


 
Copyright 1999-2018 The Canadian College of Construction Lawyers Inc.