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Donald L. Marston        

Direct Dial: 416-862-6477



Don Marston is a senior partner in the Business Law Department of Osler, Hoskin & Harcourt LLP and is the Chair of the firm’s Construction and Infrastructure Practice Group.  He has extensive international and Canadian practice experience in all aspects of infrastructure and construction law, as well as in arbitration and mediation matters. Don joined the firm and was called to the Ontario Bar in 1973.





1973      Law Society of Upper Canada

1971      Queen’s University, LL.B.

1965      Professional Engineers Ontario, P.Eng.

1963      Queen’s University, B.Sc. (Eng.)

Professional Associations

Council Member, Section on Business Law (International Bar Association)

Fellow of the American College of Construction Lawyers

Fellow of the Canadian College of Construction Lawyers

International Bar Association (1991-1995 Co-Chair of the International Construction

Projects Committee; former Chair of the Performance Bonds Subcommittee)

Canadian Bar Association (former Chair of the Construction Law Section, Ontario)

American Bar Association (former Steering Committee Member of the International

Division, Forum Committee on the Construction Industry)

Inter-Pacific Bar Association

Malaysia-Canada Business Council

Professional Engineers Ontario

Canadian Council on Public-Private Partnerships

Practice Profile

Don’s international and Canadian project experience includes a very broad range of infrastructure, public-private partnership, BOT, construction and engineering projects, including “front end” planning, risk assessment, tendering and contracting issues. Don has extensive experience with major building and civil works construction, toll highways, subways, airports and other transportation projects, industrial facilities, resource sector projects, cogeneration plants, water treatment projects and environmental systems. Don acts on behalf of clients in contract negotiation, financing, corporate aspects, joint venturing, construction litigation and ADR.

Presentations and Publications

Don has participated in numerous presentations and publications on legal aspects of the construction industry and on contract law and professional liability matters. Some of his initiatives include:

·     Paper on Project-Based Dispute Resolution: ADR Momentum Increases Into The Millennium, Canadian College of Construction Lawyers (Montebello, Quebec, 1999)


·     Programme Chair of “Differences Between Initial and Final Price in Large Infrastructure Projects:  The Hazardous Consequences of Unbalanced Allocation of Risks in the Contract”, International Bar Association Annual Conference (Vancouver, 1998)

·     Speaker on Worldwide Infrastructure Partnerships (San Francisco, 1997)

·     Chair and speaker on Assurance of Performance on International Construction Projects (Berlin, 1996)

·     International Performance Guarantees - Dealing with the Risk of Abusive Calls (Toronto, 1996)

·     Author of  text “Law for Professional Engineers, Canadian and International Perspectives”, 3rd Edition (McGraw-Hill Ryerson publication, 1996)

·     Speaker on Risks in Construction on Canadian and International Infrastructure Projects (Toronto, 1995)

·     NAFTA and the U.S. Contractor in Canada (Phoenix, Arizona, 1995)

·     Risks in International BOT Infrastructure Projects (New York, 1995)

·     Speaker on many programs on Claims in Construction and Avoidance of Disputes (The Canadian Institute and Insight Conferences, 1988-1995)

·     Speaker on Mediation and Dispute Review Boards (Project Management Institute, 1994)

·     Co-Chair - Seminar on Infrastructure and Development Initiatives in Vietnam (Ho Chi Minh City, 1994)

·     Speaker on Emerging Trends in Dispute Resolution on Large International Infrastructure Projects (Toronto, 1994)

·     Illustrative Forms of Performance Guarantee and Counter Guarantee Security for International Construction Projects (Hong Kong, 1991; Sydney, Australia, 1992; Washington, 1992 and Tokyo, 1993)

·     Design and Construction Issues Related to Leasing on Major Projects - A Landlord’s Perspective (New York, 1990)

·     The Impact of Subsurface Ground Conditions on Project Participants - A Canadian Perspective (Strasbourg, France, 1989 (Program Chairman))

·     The 1987 Fourth Edition FIDIC Works Contract, Liability Issues Arising on Comparison with Domestic Contracts (Buenos Aires, Argentina, 1988)

·     Limitation Periods in Relation to Construction Projects (New York, 1986)

·     Special Lecturer in Engineering Law and Professional Liability courses at the University of Toronto, 1978 - 1999