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.