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
Matthew R. Alter
Cassels Brock & Blackwell LLP
40 King Street West
Tel: (416) 860-6764 (Direct)
Fax: (416) 640-3083
T. Arthur Barry, Q.C.
John G. Murphy
of the College
The Board of Governors includes all of the Officers
listed above, all Past Presidents (as ex-officio fellows),
as well as:
William Kenny, Q.C.
Murray Sawatzky, Q.C.
D. Geoff Machum,
Mike Demers is the CCCL's Website Committee Chair.
Send mail to him at email@example.com.
Inside this issue (a
Change Directives to Delay Compensation and
Adjustments to the Project Schedule – A Troubling
Court of Appeal Rules in Case Involving
Calculation of Holdback that “Strict Construction”
No Longer Appropriate for Interpretation of
Builders’ Lien Act
Projects Canada Corporation v Factory Sales &
Engineering Inc. dba FSE ENERGY, 2018 BCCA 272.
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
Annual General Meeting -
Banff, Alberta - June 2018
“Taking Business to New Heights in Banff at 21st Annual CCCL
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
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.
Click here for a full press release about the College's 21st
Article, April 2017
Construction vs. Design:
Sorting Out Claims Involving Multiple Parties and Contracts
© 2017 Harvey J.
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
College has created a page where all indexes of
the Journal of Canadian
Construction Lawyers are now available in a
searchable .PDF format.
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.