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Welcome to
the CCCL
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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.
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Officers of the College
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CCCL President
Louis-Michel Tremblay |
Contact Infomation
c/o
Miller Thomson Pouliot
Barristers & Solicitors
CIBC Tower
31st Floor
1155 Rene-Levesque Blvd. West
Montreal, Quebec
H3B 3S6
Direct line: (514) 871-5421
Tel: (514) 875-5210
Fax: (514) 875-4308
E-mail
Website |
Immediate Past
President
W. Andrew McLauchlin
Vice-President
Howard Wise
Secretary
Derek Brindle, Q.C.
Treasurer
Richard
H. Shaban
Program Co-Ordinator
Marina A. Pratchett, 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:
Donald W. Goodfellow, Q.C.
Olivier
F. Kott
Roanld W.
Price
Joel Richler
Christopher
C. Robinson, Q.C.
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Shea N. Bunston is the CCCL's Website Committee Chair.
Send mail to her at sheabunston@rogers.com
or to Nicholas
J. Dasios of Erevna
Technologies with questions or comments about this
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Announcements
The Canadian College of Construction Lawyers extends its congratulations to The Honourable Mr. Justice Robert W. Jenkins, of the law firm of Jenkins Marzban Logan in Vancouver, British Columbia who was appointed a Justice of the Supreme Court of British Columbia and will be presiding in New Westminster.
Mr. Justice Jenkins has been a distinguished member of the Canadian College of Construction Lawyers since 1998 and is the past Chair of the Arbitration and Mediation Committee, a past Program Chair and a former Governor of the College.
MARK YOUR CALENDAR!
The 15th Annual
Canadian College of
Construction Lawyers Conference
will be held May 31st –
June 2nd, 2012
at The Ritz-Carlton San Francisco Hotel
San Francisco, California
Conference details and agenda to follow.
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Belmont Concrete Finishing Co. v Marshall (2011), 338 D.L.R.(4th) 144, 2011 ONSC 1560 (Ont. C.A.) (click on case name for full text of case)
Internorth Construction Company (“Internorth”) was a general contractor. Its only directors between 2001 and 2004 were Marshall and Hooks. It ran into financial difficult and ultimately ceased operations in 2004. A number of Plaintiffs sued Internorth, Marshall, Hooks and various former officers and directors for breach of trust. Judgment was obtained against Internorth for breach of trust on an unopposed basis and the claims against all of the other Defendants, but for Marshall, were disposed of prior to trial. Only the claim against Marshall went to trial.
In the trial decision, the Trial Judge set out three requirements necessary to impose liability for breach of trust under Section 13 of the Construction Lien Act (“the Act”) all of which were accepted by the Court of Appeal: (1) a breach of trust by the corporation; (2) the individual must be a director or officer or a person with effective control of the corporation; and, (3) the individual must have assented to, or acquiesced in, conduct the person knew or reasonably ought to have known amounted to a breach of trust by the corporation. The Trial Judge noted that the Plaintiff has the burden of proof of each of these elements.
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Click here for the full article
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