Annual Construction Law Conference

The 25th Annual Canadian College of Construction Lawyers Conference was held between May 26 to 29, 2022. See below for details.

The 26th Annual Conference is scheduled to take place in Whistler, BC in May 2023.

Conference Archive

CCCL Fellows hold their 26th Annual Conference

FOR IMMEDIATE RELEASE

CCCL Fellows hold their 26th Annual Conference

Calgary, June 12th, 2023

The Canadian College of Construction Lawyers held its Twenty-Sixth Annual Conference from May 25 to 28, 2023. Under the theme of “Back to Business: Construction Law in a New Era”, almost one hundred Fellows gathered in person at the stunning Four Seasons Resort in Whistler, BC to hear colleagues, guest speakers, and panelists share their industry insights covering a wide range of topics and issues related to Construction Law and the Construction Industry.

Patricia L. Morrison, K.C., President

The agenda kicked off on Thursday afternoon with the Annual Meeting of the CCCL Board of Governors followed by a cocktail reception and dinner at various local restaurants.

The next day’s Conference modules began with a panel discussion moderated by Doug Stollery (Edmonton) addressing the differences, benefits and disadvantages between pursuing a dispute through either Arbitration or Litigation.  The panel consisted of Honorary Fellow The Honourable Mr. Justice Robert W. Jenkins (Vancouver), and Fellows Sandra Astolfo (Toronto), Bruce Reynolds (Toronto) and John Logan (Vancouver).  A second Module addressed the role of Indigenous Governments and participation in construction projects and successful development, with guest panelists Lhpatq, Maxine Joseph Bruce, Elected Leader of the Lil’wat Nation, President & Director of the Lil’wat Business Group and Territory Stewardship Manager for the Lil’wat Nation, and David Dorrans of McLean & Armstrong LLP, legal counsel to Lil’wat Nation, and Fellows Andrew Heal (Toronto) and Stefan Gruszka (Calgary).  The third module of the morning addressed recoverability of damages, focusing on defining consequential damages and limits of recovery, moderated by Scott Hammel (Edmonton) with a panel including Jason Annibale (Toronto), Karen Martin (Vancouver) and Tyler Galbraith (Vancouver).

The Fellows were then provided an informative presentation by guest speaker Amanda Farrell, Chief Executive Officer at Transportation Investment Corporation on new project on the horizon in British Columbia. 

After the College’s outgoing President Geoff Machum, K.C. (Halifax) shared his views of the College after a year at the helm, Day One continued with a presentation titled The Hot Potato of Design Responsibility, moderated by Honourary Fellow Doug Oles (Seattle) and featuring panellists David Little (Vancouver), Jamie MacNeil (Dartmouth) and Andrea Lee (Toronto).  The final presentation of the day addressed material price escalation in construction contracts, moderated by Doug Sanders (Vancouver), with panelists Richard Wong (Toronto), Brendan Bowles (Toronto), Patrice Morin (Montreal) and Catriona Otto-Johnston (Calgary).

Day Two of the Conference began with the College’s Annual General Meeting. New appointments and designations made at the AGM included:

  • Patricia L. Morrison, K.C.– President
  • Geoff Machum, K.C. – Immediate Past President
  • Glenn Ackerley – Vice-President
  • Nicolas Gagnon – Secretary
  • Stephanie Hickman, K.C. – Treasurer
  • Sharon Vogel – Program Coordinator
  • David Little – Governor
  • Claudia Dery – Governor
  • Simon Grégoire – Governor
  • Marcia Oliver – Governor
  • Andrew Wallace – Governor
  • Brendan Bowles – Governor

Following the AGM, a session of five fast-paced Hot Topics in Construction Law was presented to conclude the substantive program:

  • Two Significant Cases from the East: 1) New Brunswick Highway Corporation v. MRDC Operations Corporation (NBCA); and 2) Potash Corporation of Saskatchewan v. HB Construction Company (NBCA), by Tom O’Neil (Saint John)
  • ESG issues and their role in Construction, by Seema Lal (Vancouver)
  • Ontario’s “New” Construction Act, 5 Years Later – What’s working and what’s not, by Glenn Ackerley (Toronto)
  • COVID South of the Border: Developments in U.S. Case Law on COVID claims on Construction Projects, by Shelly Ewald (ACCL president)
  • Two Significant Ontario Cases: 1) Tall Ships Development Inc. v. Brockville (City): The Ontario Court of Appeal Addresses the Basis for Setting Aside Arbitral Awards; and 2) Aroma Franchise Company v. Aroma Espresso, by Joel Richler (Toronto).

The Conference ended with a Gala dinner that featured:

  • remarks by incoming President Trish Morrison on the future of the College;
  • a presentation by keynote speaker former Supreme Court of Canada Justice The Honourable Thomas Cromwell, who spoke about the importance of legal judgement and providing practical advice to clients, mentorship, and access to justice; and
  • the induction of ten (10) new Fellows from across Canada to the College by Immediate Past-President, Geoff Machum, President Trish Morrison, and Vice President Glenn Ackerley:

David Curtis, Fasken LLP, Vancouver

Joe McArthur, Blake Cassels & Graydon LLP, Vancouver

Mike Preston, McLean & Armstrong LLP, Vancouver

David de Groot, Burnet Duckworth & Palmer LLP, Calgary

Corbin Devlin, McLennan Ross LLP, Edmonton

Chris Petrucci, Bennett Jones LLP, Calgary

Denise Bambrough, Borden Ladner Gervais LLP, Toronto

Roger Gillott, Osler Hoskin Harcourt LLP, Toronto

Annie Bernard, Fasken LLP, Montreal

Sophie Truesdell-Menard, Des Solutions en Construction, Québec

The 2023 Conference was expertly steered by Program Coordinator Stephanie Hickman, K.C. (St. John’s) and Assistant Program Coordinator Sharon Vogel (Toronto), with the assistance of Chris Armstrong (Vancouver). Incoming President Trish Morrison is looking forward to leading the College to the 27th Annual Conference, which is scheduled to take place in Montreal, Quebec, in May 2024.

The Canadian College of Construction Lawyers strives 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. For more information about the College and its Fellows, visit their website at www.cccl.org.

Patricia L. Morrison, K.C.

President, CCCL

Tel:  403.232.9472    Email:

CCCL Fellows hold their 25th Annual Conference

FOR IMMEDIATE RELEASE

CCCL Fellows hold their 25th Annual Conference

Halifax, June 10th, 2022

The Canadian College of Construction Lawyers held its Twenty-Fifth Annual Conference from May 26 to 29, 2022. Under the theme of “Construction Law in Times of Disruption”, more than eighty Fellows gathered in person for the first time in three years at the reputed Algonquin Resort in the beautiful town of St. Andrews-by-the-Sea in New-Brunswick to hear colleagues, guest speakers, and panelists share their industry insights and foresights covering a wide range of topics and issues related to Construction Law and the Construction Industry.  

The agenda kicked off on Thursday afternoon with the Annual Meeting of the CCCL Board of Governors followed by a cocktail between the Fellows and their spouses and guests, and dinner at various local charming restaurants.

President D. Geoffrey Machum, Q.C., ICD,D

The next day’s Conference modules began with a panel discussion moderated by Ken Crofoot (Toronto) addressing the in-house counsels’ expectations and their relationship with external lawyers in construction matters. The panel consisted of Fellows Bruce Reynolds (Toronto), Stefan Gruszka (Calgary) and Andrew Wallace (Edmonton). A second Module addressed the impacts of climate changes from the contract and claims perspective, with panelists from across Canada: David Little (Vancouver), Andrea Lee (Toronto), Matthew Hayes (Saint John, NB), with moderator Claudia Déry (Montréal). The third module of the morning discussed the evolution of First Nations benefits agreements in Canada and moderator Marina Pratchett (Vancouver) animated the discussion between Fellows Dan Levert (Calgary) and Yvan Houle (Montréal) and guest Don McKenzie who is legal counsel of L’Nuey, a PEI Mi’kmaq rights-based organization.

The Fellows were then presented with the compelling and impactful personal reflection of Fellow Doug Stollery (Edmonton) on the Vriend v. Alberta case that he pleaded before the Supreme Court of Canada in 1998, a case that determined that a legislative omission can be the subject of a Charter of rights violation. The case involved the dismissal of a teacher because of his sexual orientation and was an issue of great controversy during that period.

After the College’s outgoing President John G. Murphy (Montréal) shared his views of the College after a year at the helm, Day One continued with a presentation titled Conquering Complexity in Arbitrations and Mediations, moderated by Marcia Oliver (London, Ont.) and featuring panelists Joel Richler (Toronto), Master Carol Albert (Toronto), Duncan Glaholt (Toronto) and John Logan (Vancouver),  and a final presentation addressing Good faith in construction contracts, where under the guidance of moderator Michael Skene (Vancouver), panelists Simon Grégoire (Montreal), Brendan D. Bowles (Toronto) and ACCL’s Douglas S. Oles (Seattle) delivered a thorough update of the evolution of this concept in both Civil and Common Law.

Day Two of the Conference began with the College’s Annual General Meeting. New appointments and designations made at the AGM included:

  • Geoff Machum, Q.C. – President
  • John G. Murphy – Immediate Past President
  • Patricia Morrison – Vice-President
  • Glenn Ackerley – Treasurer
  • Nicolas Gagnon – Secretary
  • Stephanie Hickman, Q.C.– Program Coordinator
  • Sharon Vogel– Assistant Program Coordinator
  • David Little – Governor
  • Claudia Dery – Governor
  • Simon Grégoire – Governor
  • Marcia Oliver – Governor
  • Andrew Wallace – Governor

Following the AGM, a session of five fast-paced Hot Topics in Construction Law was presented to conclude the substantive program:

  • Alliance Contracting and Progressive Design-Build contracts in Canada: an upcoming trend?  by Jason D. Roth (Calgary)
  • Prompt payment update: Evolution of holdback provisions in construction lien legislation, by Maria Ruberto (Toronto)
  • Pay when paid clauses revisited, by Andrew J. Heal (Toronto)
  • Limitation of liability clauses in multi-party construction disputes: an uncertain risk management tool, by Christopher N. Rusnak, Q.C. (Vancouver)
  • Presentation of the new CCA 1 – 2021 Contract form, by Geza R. Banfai (Toronto).

The Conference ended with a Gala dinner that featured:

  • remarks by incoming president Geoff Machum on the future of the College;
  • a presentation by keynote speaker retired Nova Scotia Chief Justice Michael MacDonald who spoke about, amongst other things, diversity, access to Justice including his work with the judiciary in Ukraine and the importance of kindness and respect in times of COVID and global unrest; and
  • the induction of ten (10) new Fellows from across Canada to the College by outgoing president, John Murphy, incoming president Geoff Machum, and Vice President Trish Morrison:

David McKenzie, Jenkins Marzban Logan LLP, Vancouver

Seema Lal, Clyde and Co, Vancouver

Tony Clark, in-house Graham Construction, Vancouver

Catriona Otto-Johnston, Rose LLP, Calgary

Jeremy Taitinger, Reynolds Mirth Richards & Farmer LLP, Edmonton

Stephan Gruska, In-house Kiewit, Calgary

Richard Wong, Osler, Toronto

Mélanie Jacques, in-house Hydro-Québec, Montreal

Serge Pisapia, Private ADR Practice, Québec

Horia Bundaru, Norton Rose, Montreal

The 2022 Conference was steered by Program Coordinator Nicolas Gagnon (Montreal) and Assistant Program Coordinator Stephanie Hickman, Q.C. (St. John’s), with the invaluable assistance of Sharon Vogel (Toronto), who successfully faced the many challenges of organizing a first conference in three years under the cloud of the COVID-19 pandemic. Incoming president Geoff Machum, Q.C. is looking forward to leading the College to the 26th Annual Conference, which is currently scheduled to take place in Whistler, BC in May 2023.

The Canadian College of Construction Lawyers strives 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. For more information about the College and its Fellows, visit their website at www.cccl.org.

D. Geoffrey Machum, Q.C.

President, CCCL

Tel: 902.420.3338    Email:

 

 

CCCL Fellows Gather Virtually for 24th Annual Conference

The Canadian College of Construction Lawyers held its Twenty-Fourth Annual Conference on May 28 and 29, 2021. Under the theme of “It’s Complicated!” Dealing with Construction’s Increasing Complexity, more than eighty Fellows gathered virtually to hear colleagues, guest speakers, and panelists share their industry insights and foresights covering a wide range of topics. While the Fellows were unable to meet in person this year, the conference proved to be a success with insightful topics and good discussion.

Click here for all the details

“A New Era for the College” – the Virtual 23rd Annual Conference

The Canadian College of Construction Lawyers held its Twenty-Third Annual Conference on May 29 and 30, 2020.  For the first time in its history, the Conference took place “virtually”.  Despite the inability to meet in person, the collegiality and good fellowship was palpable throughout the Conference.

Please click here for the full press release.

22nd Annual CCCL Conference Lands in Historic Niagara-on-the-Lake

The “Loveliest Town in Canada” was the setting for the Twenty-Second Annual Conference of The Canadian College of Construction Lawyers, from May 30 to June 2, 2019. More than eighty-five Fellows, plus guest speakers and panelists gathered at the beautiful Queen’s Landing Hotel under the theme of THE MODERN CONSTRUCTION LAW LANDSCAPE.

Click here for the full PRESS RELEASE.

The 22nd Annual Canadian College of Construction Lawyers Conference

The 22nd Annual Canadian College of Construction Lawyers Conference will be held in Niagara-on-the-Lake, Ontario between May 30 and June 2, 2019. The Conference is entitled “The Modern Construction Law Landscape” and promises to deliver an interesting and informative line-up of topics and speakers.

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

Banff, AB – 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.

Click here for a full press release about the College’s 21st Annual Conference

2015 Annual General Meeting of the Canadian College of Construction Lawyers

At the Annual General Meeting of the Canadian College of Construction Lawyers, Ms. Marina Pratchett of Fasken Martineau DuMoulin LLP was elected President of the College for the current year, replacing outgoing president Mr. Richard H. Shaban. Marina practises in the area of construction and engineering law. She acts for major public and private owners and developers and large contractors and construction managers in respect of various types of projects including institutional, commercial, industrial, high-rise residential and infrastructure projects. She is also trained and acts as both an arbitrator and mediator of construction disputes.

Marina was named “Lawyer of the Year” by Best Lawyers® in Canada 2016 in Construction Law. She was also presented with the prestigious ”Outstanding Woman in Construction” award by the Vancouver Regional Construction Association’s annual Awards of Excellence dinner in November 2006.

The Board of Governors of the Canadian College of Construction Lawyers is pleased to announce the induction of three new Fellows to the College:

Nicolas Gagnon, Partner, Lavery, de Billy LLP

Nicolas Gagnon specializes in construction law and surety law. He counsels public and private sector clients, professional services firms and contractors as well as surety companies at every stage of construction projects. He advises clients with respect to the public bidding and procurement process, and is involved in the drafting of contract documents and the management of the work and any claims resulting therefrom. He also counsels syndicates of co-owners in matters dealing with divided co-ownership of immovables. Mr. Gagnon regularly represents these parties before civil and arbitration tribunals.

Mr. Gagnon is the co-author of the national reference work Scott & Reynolds on Surety Bonds dealing with surety issues in civil law. He is often a guest speaker on issues regarding construction law and also teaches various legal training courses to contractors on behalf of organizations related to the Quebec construction industry.

Mr. Gagnon is listed in The Canadian Legal LEXPERT® Directory 2015 in the field of Construction Law since 2011. He is also listed in the 2016 edition of Best Lawyers in Canada directory as a leading practitioner in the field of Construction Law since 2006. In addition, he has been named Lawyer of the Year in Montreal for 2015 by Best Lawyers in the field of Construction Law.

Patricia Morrison, Partner, Borden Ladner Gervais LLP

Patricia Morrison is Calgary Regional Leader of Borden Ladner Gervais’ (“BLG’s”) Construction Group, and is also a partner in BLG’s Public-Private Infrastructure Projects Focus Group and Environmental Law Focus Group. Trish focuses her practice on all facets of the construction industry – acting for owners, general contractors, subcontractors and sureties in construction disputes and front-end construction project matters such as tendering and other procurement methods, as well as contract drafting, including the negotiation and drafting of P3 agreements.

Trish also provides advice on environmental matters, having acted as counsel on numerous contaminated-site litigation cases and advising on environmental issues in commercial transactions. As well, Trish acts as counsel in litigation involving general corporate/commercial matters such as fidelity claims and product liability disputes. She has appeared before all levels of Court in Alberta and has acted as counsel in a number of mediations and arbitrations.

Sharon Vogel, Partner, Borden Ladner Gervais LLP

Sharon Vogel is Regional Leader of the International Construction Projects Group. A partner in the Toronto office, Sharon practises construction and surety law, working primarily on matters involving construction disputes relating to large-scale infrastructure, industrial, and commercial projects including highways, railways, tunnels, pipelines, mines, industrial facilities, hospitals, manufacturing plants, commercial buildings and condominiums in various jurisdictions

Sharon specializes in the negotiation, mediation, arbitration and litigation of construction disputes, including construction liens, trust claims, delay claims, surety bond claims, construction insurance claims, and architects’ and engineers’ errors and omissions claims. She has appeared at all levels of court, including the Ontario Superior Court, Court of Appeal and the Supreme Court of Canada.

She has extensive experience drafting construction contracts on behalf of owners, developers, general subcontractors, subcontractors, and suppliers.

Sharon has been selected by peers for inclusion in the 2014 edition of The Best Lawyers in Canada, has been peer review rated 4.6 out of 5 by Martindale-Hubbell® AV® Preeminent™, and is recognized as a leading infrastructure lawyer in the 2014 Lexpert Special Edition on Infrastructure.

2014 Annual General Meeting of the Canadian College of Construction Lawyers

At the Annual General Meeting of the Canadian College of Construction Lawyers, Mr. Richard A. Shaban of Borden Ladner Gervais LLP (“BLG”) was elected President of the College for the current year, replacing outgoing president Mr. Derek Brindle, Q.C. Mr. Shaban is a senior partner and past regional leader of BLG’s Construction and Engineering Group. He specializes exclusively in the areas of procurement, construction and surety law, including construction contracts and project delivery methods, public infrastructure renewal, dispute resolution, liens, construction insurance and surety bonds.

The Board of Governors of the Canadian College of Construction Lawyers is pleased to announce the induction of nine new Fellows to the College:

Dan Levert, Assistant General Counsel, Kiewit Infrastructure Co.

Dan is Assistant General Counsel for Kiewit Infrastructure Co. which is in the top 5 contractors in North America and Australia.  In addition to being a lawyer, Mr. Levert is a professional engineer and a Fellow of the Engineering Institute of Canada.  He is a Past President and Chief Executive Officer of Engineers Canada, a national organization representing Canada’s Engineers and Geoscientists.  Dan was called to the Bar in Alberta in 1988.  His responsibilities as Assistant General Counsel of Kiewit include all legal matters in all Provinces and Territories in Canada for its infrastructure and industrial division.  He was relocated to St. John’s, Newfoundland in 2011 to facilitate support to Kiewit’s Newfoundland operations.

Marc MacEwing, Associate Counsel, Shapiro, Hankinson & Knutson Law Corporation

An Associate Counsel with SHK, Marc MacEwing has practiced extensively as a construction lawyer in all aspects of the practice for over 30 years. He has particular expertise as a builders lien lawyer, as well as in tendering disputes and preparing and analyzing contract documents. Marc advises owners, contractors, subcontractors, material suppliers and design professionals.

Tim Mavko – Partner, Reynolds, Mirth, Richards & Farmer

Tim began his articles with the Alberta Court of Appeal before completing them with another regional firm. He joined RMRF in 2002 and joined the Partnership in 2003.Tim’s practice spans two of RMRF’s key practice areas: Construction Law and Civil Litigation. Tim is an accomplished litigator. He regularly represents parties at all levels of Alberta’s courts in commercial disputes and injury claims. In the construction industry, he represents clients in negotiating and preparing construction contracts, bonding issues, delay claims, builders’ liens, and other project related disputes. Over the last several years he has been involved in both negotiating the contracts and handling the disputes for some of North America’s largest mega-projects.

John Murphy, Partner, BLG

John is a leading lawyer in construction law, and is regularly called upon to provide strategic advice and act as trusted advisor to some of our Firm’s longstanding clients. John regularly represents general contractors, bonding companies, insurers (professional liability, architects, engineers) sub-contractors and owners in construction matters of all nature. He is involved in large, complex construction matters and surety workouts involving several construction projects. He also advises with respect to product liability issues, commercial fraud, fidelity insurance issues and directors’ and officers’ liability. John has represented clients before all instances in Québec and encourages the use of alternative dispute resolution mechanisms for quick resolution of conflicts.

Steve Richards, General Counsel, PCL Construction

As general counsel of PCL Constructors Inc., Steve and the law department he manages provide legal support and advice relating to strategy and operations for the PCL family of companies. Steve is a member of PCL’s Office of the CEO, a group that includes the top senior executive management and leadership of PCL. Prior to joining PCL, Steve served as an executive and in-house counsel in a variety of project-related capacities, including most recently as the senior vice president of Shared Services at Infrastructure Ontario, and previously as counsel at Johnson Controls and Bombardier. Steve began his legal career at Gowlings LLP.

Phillip Scheibel, Partner, Rose LLP

Phil’s practice focuses on construction projects and commercial litigation. He has represented clients on projects across North America, in Australia, and has appeared before the courts in Alberta, Saskatchewan and British Columbia. Phil has acquired significant expertise associated with oil and gas, industrial and commercial construction projects. His experience includes providing counsel to project proponents in the structuring of the project, drafting, negotiating, implementing and administering construction contracts as well as representing owners, contractors, engineering firms, consultants and suppliers on disputes including liens, bonds, productivity, delay, extra work and cost over-run claims.

George Vlavianos, Partner, Bennett Jones

George is the managing partner of the Doha office of Bennett Jones (Middle East) LLP.Leader of the firm’s arbitration practice, George practises in the areas of commercial litigation and construction law. He acts for owners, contractors and engineers in a wide range of construction disputes, from civil to industrial. He also has experience with professional errors and omissions insurance claims arising out of large industrial construction projects.George represents major institutional clients in complex multi-party litigation and is involved in both domestic and international mediation and arbitration with respect to significant commercial disputes. He has UNCITRAL and ICC arbitration experience. George also has extensive experience with builders’ lien disputes, particularly in the oil and gas context.

Mario Welsh, Partner, BCF Business Law

A partner at BCF, Mario focuses his practice on civil and commercial litigation, professional liability, and construction law. Having been a contractor himself, his expertise in the field is quite extensive, encompassing all legal aspects of the construction industry, including professional liability. He regularly litigates before trial and appeal courts. He has also argued before the Supreme Court of Canada. A veteran of several lengthy trials involving construction law as well as other matters, Mr. Welsh has also acted in major class action cases.

Master Carol Albert (New Honorary Fellow)

Master Albert has over 30 years of experience working with Ontario’s justice system, as a practising lawyer, a legal educator and dispute resolution trainer, an arbitrator, a mediator and a judicial officer specialized in construction lien matters and dispute resolution.  In her capacity as a full time construction lien master in Toronto, Master Albert presides over trials, motions, case conferences and settlement conferences.

2013 Annual General Meeting of The Canadian College of Construction Lawyers

At the Annual General Meeting of The Canadian College of Construction Lawyers, Mr. Derek Brindle, Q.C. was elected President of the College for the current year, replacing outgoing president Howard Wise. Mr. Brindle is a well-known construction lawyer in British Columbia, practicing at the firm of Singleton Urquhart LLP. He is experienced counsel in major litigation, arbitration and in alternate dispute resolution involving commercial claims and complex construction and engineering disputes. Derek regularly represents owners, construction participants, design professionals and insurers in construction law matters, and has appeared at all levels of the Courts in British Columbia and in the Supreme Court of Canada. He acts as an arbitrator and in mediations involving construction and insurance disputes. Derek advises government institutions and industry on risk mitigation strategies in major procurement and procurement documentation. Derek has been listed in the Best Lawyers in Canada, since 2006. He was appointed Queen’s Counsel in 2001. He is ranked preeminent (AV) by Martindale & Hubbell based on peer reviews.

The Board of Governors of the Canadian College of Construction Lawyers is pleased to announce the induction of three new Fellows to the College:

Geoffrey Machum, Q.C., is a leading partner in the Halifax, Nova Scotia firm of Stewart McKelvey, the largest law firm in Atlantic Canada. In addition to his 27 years of legal practice, he is extensively involved in community activities and various boards in and around Halifax, including being the current chair of the Halifax Port Authority.

John Margie is a partner in the Toronto law firm of Glaholt LLP. Since being called to the bar in 1995, John has practiced exclusively in the construction and surety bond areas. He is the author of numerous papers and a frequent guest speaker on construction related issues.

Brian Samuels is a Vancouver based construction lawyer, trained mediator and chartered arbitrator. He is the author of the textbook Construction Law, co-author of the textbook Practical Law of Architecture, Engineering and Geoscience, and a co-editor and contributor to the textbook, Expert Evidence in Civil Proceedings. Before entering the practice of law, Brian worked as a civil engineer with a number of Canadian construction firms. Brain is currently an adjunct professor and instructor at the UBC Faculty of Engineering.

MARK YOUR CALENDAR! – 2012 Annual Canadian College of Construction Lawyers Conference

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.

The 14th Annual Canadian College of Construction Lawyers Conference

The 14th Annual Canadian College of Construction Lawyers Conference was held June 2 – 5, 2011 at Fairmount Chateau Laurier in Ottawa, Ontario.

(summary below)


The Canadian College of Construction Lawyers extends its congratulations to The Honourable Mr. Justice Richard Wagner upon his appointment to the Quebec Court of Appeal.

Mr. Justice Wagner has been a distinguished member of the Canadian College of Construction Lawyers since 1998 and an Honorary Fellow since 2007.

More details about his appointment can be found by clicking the link below:

http://www.justice.gc.ca/eng/news-nouv/ja-nj/2011/doc_32583.html


The Canadian College of Construction Lawyers extends its congratulations to Glenn Ackerley of Weir Foulds LLP upon his election as Chairman of the Board of the Toronto Construction Association for 2011. Mr. Ackerley has been a distinguished member of the Canadian College of Construction Lawyers since 2009.


The Canadian College of Construction Lawyers extends its congratulations to Harvey J. Kirsh of Osler, Hoskin & Harcourt LLP upon his election as a Fellow of the American College of Construction Lawyers. He is the only Canadian panel member of the Global Engineering and Construction Group of “JAMS” (Judicial Arbitration and Mediation Services), the largest private provider of alternative dispute resolution services in the world. Certified as a “Specialist in Construction Law” by the Law Society of Upper Canada and designated by the ADR Institute of Canada as a Chartered Arbitrator, he is also the Chair of the Construction, Engineering and Infrastructure Panel of ADR Chambers in Canada.

Mr. Kirsh is a Past President of the Canadian College of Construction Lawyers and has been a distinguished member of the College since 1998.


Conference Summary

The Fourteenth Annual Conference of the Canadian College of Construction Lawyers was held at Ottawa, Ontario on June 2-5, 2011 at the Fairmont Chateau Laurier Hotel.

The theme of this year’s Conference was: “Emerging Legal Issues- Moving the Yardsticks.”

Guest speakers included:

Howard Ashcraft, FACCL, Hon. AIACC, LEED AP Hanson Bridgett LLP (California),

Spencer Cripps, MMM Group,

Michael Atkinson, President of the Canadian Construction Association (Ottawa),

Michael Robillard, Senior Programs Officer, Canada Revenue Agency (Ottawa),

Frank Faieta, National Vice-President, Claims, The Guarantee Company of North America (Toronto),

Deborah Ballati, Farella, Braun and Martel (California) and

Doug Oles of the American College of Construction Lawyers (Washington).

The College is comprised of a small group of nominated senior lawyers (“Fellows”) from across Canada, who have highly distinguished and reputed practices in construction law.  According to its by-laws, 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.”

The prominent topics at the conference included Integrated Project Delivery, Following the Project Funds and Challenging Contract Clauses.

The format for the conference from the last several years was continued with a series of speakers from the College together with guest speakers on Friday followed by a Boat Cruise of the Ottawa River highlighting local landmarks. The guest speaker at Friday’s group lunch was Chenier La Salle from the Department of Foreign Affairs and International Trade, who spoke about the devastation in Japan following the recent tsunami and earthquakes together with Canada’s contribution to the reconstruction efforts of Japan. The Friday night dinner was held at the Canadian Museum of Civilization.

The Annual General Meeting of the College was held on the Saturday morning followed by Hot Topics on selected current issues.

The Gala Dinner and Induction Ceremony for New Fellows was held on the Saturday evening in the Laurier Room of the Fairmont Chateau Laurier.

The Canadian College of Construction Lawyers extends its congratulations to new Fellow Douglas R. Sanders, P. Eng., LL.B. and to Honourary Fellows John W. Hinchey and Steven G.M. Stein inducted at the Fourteenth Annual Conference.

The Canadian College of Construction Lawyers is pleased to announce that the following Officers were elected at the Fourteenth Annual Conference:

President:

Louis-Michel Tremblay

Miller Thomson Pouliot SENCRL

Montreal, Quebec

Immediate Past President:

W. Andrew McLauchlin

McLauchlin & Associates

Toronto, Ontario

Vice President:

Howard M. Wise

Goodmans LLP

Toronto, Ontario

Secretary:

Derek A. Brindle, Q.C.

Singleton Urquhart LLP

Vancouver, British Columbia

Treasurer:

Richard H. Shaban

Borden Ladner Gervais LLP

Toronto, Ontario

Program Co-Ordinator:

Marina A. Pratchett, Q.C.

Fasken Martineau DuMoulin LLP

Vancouver, British Columbia

The Board of Governors of the College includes the Officers listed above, as well as:

Olivier F. Kott
Ogilvy Renault
Montreal, Quebec

Joel Richler
Blake, Cassels & Graydon LLP
Toronto, Ontario

Donald W. Goodfellow, Q.C.
The Law Firm of W. Donald Goodfellow, Q.C.
Calgary, Alberta

Ronald W. Price
Rasmussen Starr Ruddy, LLP
Ottawa, Ontario

Christopher C. Robinson, Q.C.
McInnes Cooper
Halifax, Nova Scotia

The following Past Presidents of the College are also ex-officio members of the Board of Governors:

Harvey J. Kirsh
Osler, Hoskin & Harcourt LLP (Toronto)
(President, 1997 – 1999)

Robert Beaumont
Osler, Hoskin & Harcourt LLP (Toronto)
(President, 1999 – 2000)

David H. Kauffman
De Grandpré Chait (Montreal)
(President, 2000 – 2001)

Stephen Tatrallyay
(Toronto)
(President, 2001 – 2002)

Bruce Reynolds
Borden Ladner Gervais LLP (Toronto)
(President, 2002 – 2003)

Helmut K. Johannsen
Fasken Martineau DeMoulin LLP (Vancouver)
(President, 2003 – 2004)

Stanley Naftolin, Q.C.
Goldman Sloan Nash & Haber, LLP (Toronto)
(President, 2004 – 2005)

Duncan W. Glaholt
Glaholt LLP Barristers & Solicitors (Toronto)
(President, 2005 – 2006)

George W. MacDonald, Q.C.
McInnes Cooper (Halifax)
(President, 2006 – 2007)

Jean C. van der Lee, Q.C.,
Field LLP (Calgary)
(President, 2007 – 2008)

Daniel Ayotte, Q.C.
Borden Ladner Gervais (Montreal)                                     
(President, 2008-2009)

William L. (Mick) Ryan, Q.C.
Stewart, McKelvey (Halifax)
(President, 2009-2010) 

The Thirteenth Annual Conference of the Canadian College of Construction Lawyers

The Thirteenth Annual Conference of the Canadian College of Construction Lawyers was held at Halifax, Nova Scotia on May 27 – May 30, 2010.

Guest speakers included:

The Honourable Justice Pierre Dalphond of the Quebec Court of Appeal, John W. Hinchey of King and Spalding, Atlanta, Georgia, Steven G.N. Stein of Stein, Ray & Harris, Chicago, Philip L. Bruner of JAMS, Chicago, The Honourable Stewart McInnis of Halifax, Nova Scotia and Martin J. Valasek of Ogilvy, Renault LLP, Montreal.

The College is comprised of a small group of nominated senior lawyers (“Fellows”) from across Canada, who have highly distinguished and reputed practices in construction law. According to its by-laws, 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.”

The prominent topics at the conference included Comparative Construction Law, Good Faith in Construction Law, The Role of a Specialized Construction Court and International Construction Dispute Resolution.

The new format for the conference from last year was continued with a series of speakers from the College together with guest speakers on the Friday morning followed by a Boat Cruise of Halifax Harbour highlighting local landmarks of distinction in the area. Hot Topics on selected issues were presented at the Saturday morning session. The Annual General Meeting of the College was also held on the Saturday morning just prior to the Hot Topics segment.

The Fellows and their spouses were entertained at the Friday luncheon by Gary Shutlak who spoke about “The Halifax Explosion.”The dinner on the Friday evening was held at Pier 21, Canada’s Immigration Museum.

The Gala Dinner and Induction Ceremony for New Fellows was held on the Saturday evening in the Atlantic Ballroom of the Westin Nova Scotian.

The Canadian College of Construction Lawyers extends its congratulations to the following nine new Fellows inducted at the Thirteenth Annual Conference:

  • John N. Craig
  • Normand D’Amour
  • Mike Demers
  • Guy Gilain
  • Ian Gosselin
  • Andrew Gurlesky
  • Ian J. Houston
  • Murray Sawatzky, Q.C. and
  • Jeffrey D. Vallis, Q.C., FCIArb.

The Canadian College of Construction Lawyers is pleased to announce that the following Officers were elected at the Thirteenth Annual Conference:

President:
W. Andrew McLauchlin
McLauchlin & Associates
Toronto, Ontario

Immediate Past President:
William L. (Mick) Ryan, Q.C.
Stewart, McKelvey
Halifax, Nova Scotia

Vice President:
Louis-Michel Tremblay
Miller Thomson Pouliot LLP
Montreal, Quebec

Secretary:
Derek A. Brindle, Q.C.
Singleton Urquart
Vancouver, British Columbia

Treasurer:
Howard M. Wise
Goodmans LLP
Toronto, Ontario

Program Co-Ordinator:
Richard H. Shaban
Borden Ladner Gervais LLP
Toronto, Ontario

The Board of Governors of the College includes the Officers listed above, as well as:

Olivier F. Kott
Ogilvy Renault
Montreal, Quebec

Joel Richler
Blake, Cassels & Graydon LLP
Toronto, Ontario

Marina A. Pratchett Q.C.
Fasken Martineau DuMolin LLP
Vancouver, British Columbia

Donald W. Goodfellow, Q.C.
The Law Firm of W. Donald Goodfellow, Q.C.
Calgary, Alberta

Ronald W. Price
Rasmussen Starr Ruddy, LLP
Ottawa, Ontario

Christopher C. Robinson, Q.C.
McInnes Cooper
Halifax, Nova Scotia

The following Past Presidents of the College are also ex-officio members of the Board of Governors:

Harvey J. Kirsh
Osler, Hoskin & Harcourt LLP (Toronto)
(President, 1997 – 1999)

D. Robert Beaumont
Osler, Hoskin & Harcourt LLP (Toronto)
(President, 1999 – 2000)

David H. Kauffman
De Grandpré Chait (Montreal)
(President, 2000 – 2001)

J. Stephen Tatrallyay
(Toronto)
(President, 2001 – 2002)

R. Bruce Reynolds
Borden Ladner Gervais LLP (Toronto)
(President, 2002 – 2003)

Helmut K. Johannsen
Fasken Martineau DeMoulin LLP (Vancouver)
(President, 2003 – 2004)

Stanley Naftolin, Q.C.
Goldman Sloan Nash & Haber, LLP (Toronto)
(President, 2004 – 2005)

Duncan W. Glaholt
Glaholt LLP Barristers & Solicitors (Toronto)
(President, 2005 – 2006)

George W. MacDonald, Q.C.
McInnes Cooper (Halifax)
(President, 2006 – 2007)

Jean C. van der Lee, Q.C.,
Field LLP (Calgary)
(President, 2007 – 2008)

Daniel Ayotte, Q.C.
Borden Ladner Gervais (Montreal)
(President, 2008-2009)

William L. (Mick) Ryan, Q.C.
Stewart, McKelvey (Halifax)
(President, 2009-2010)

The 12th Annual Canadian College of Construction Lawyers Conference

The Twelfth Annual Conference of the Canadian College of Construction Lawyers was held at the Ritz-Carlton in Chicago, Illinois on May 28 – May 31, 2009.

Guest speakers included Steven Richards, Senior Vice President, Nuclear Procurement Project, Infrastructure Ontario, (Toronto, ON), Winnie Shi, CA, CFA of KPMG Vancouver, (Vancouver BC), John Hastings, RBC Capital Markets (Boston, MA), Ray Bassett, Travelers Guarantee Company of Canada (Toronto, ON), Jim Moye, Moy O’Brien, Orlando Florida (Maitland, FL) and Phil Bruner, JAMS Global Engineering & Construction Group (Stilwater, MN).

The College is comprised of a small group of nominated senior lawyers (“Fellows”) from across Canada, who have highly distinguished and reputed practices in construction law. According to its by-laws, 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.”

The prominent topics at the conference focused on “Public-Private Partnerships”, or P3s, including structuring, financing, insuring, and payment mechanisms.

A new format for the conference included a series of speakers from the College together with guest speakers on the Friday morning followed by an Architectural Boat Cruise along the blue green waters of the Chicago River highlighting various local landmarks of distinction in the downtown area. Hot Topics on selected issues were presented at the Saturday morning session. The Annual General Meeting of the College was also held on the Saturday morning just prior to the Hot Topics segment.

The Fellows and their spouses were entertained at the Friday luncheon by Lorence H. Slutzky of Robbins, Schwartz, Nicholas, Lifton & Taylor, Ltd. of Chicago who spoke about The Great Chicago Fire. The dinner on the Friday evening was held at The Library Club in downtown Chicago.

The Gala Dinner and Induction Ceremony for New Fellows was held on the Saturday evening in the dining room of The Ritz-Carlton Hotel. The dinner speaker was Neil Steinberg of The Chicago Times.

The Canadian College of Construction Lawyers extends its congratulations to the following new Fellows inducted at the Twelfth Annual Conference:

  • Kenneth Crofoot
  • Karen Martin
  • E. Jane Sidnell
  • Scott J. Hammel
  • Donald C. I. Lucky
  • Bernard P. Quinn
  • Glenn W. Ackerley and
  • Kerry A. Short

The Canadian College of Construction Lawyers is pleased to announce that the following Officers were elected at the Twelfth Annual Conference:

President:
William L. (Mick) Ryan, Q.C.
Stewart McKelvey
Halifax, Nova Scotia

Immediate Past President:
Daniel Ayotte, Q.C.
Borden Ladner Gervais
Montreal, Quebec

Vice President:
W. Andrew McLauchlin
McLauchlin & Associates
Toronto, Ontario

Secretary:
Louis-Michel Tremblay
Miller Thomson Pouliot LLP
Montreal, Quebec

Treasurer:
Howard M. Wise
Goodmans LLP
Toronto, Ontario

Program Co-Ordinator:
Derek A. Brindle, Q.C.
Singleton Urquart
Vancouver, British Columbia

The Board of Governors of the College includes the Officers listed above, as well as:

Olivier F. Kott
Ogilvy Renault
Montreal, Quebec

David I. Marr
Campbell, Marr LLP
Winnipeg, Manitoba

Kenneth B. McCullogh, Q.C.
Stewart McKelvey Stirling Scales
Saint John, New Brunswick

Joel Richler
Blake, Cassels & Graydon LLP
Toronto, Ontario

Marina A. Pratchett Q.C.
Fasken Martineau DuMolin LLP
Vancouver, British Columbia

Richard H. Shaban
Borden Ladner Gervais LLP
Toronto, Ontario

The following Past Presidents of the College are also ex-officio members of the Board of Governors:

Harvey J. Kirsh
Osler, Hoskin & Harcourt LLP (Toronto)
(President, 1997 – 1999)

D. Robert Beaumont
Osler, Hoskin & Harcourt LLP (Toronto)
(President, 1999 – 2000)

David H. Kauffman
De Grandpré Chait (Montreal)
(President, 2000 – 2001)

J. Stephen Tatrallyay
(Toronto)
(President, 2001 – 2002)

R. Bruce Reynolds
Borden Ladner Gervais LLP (Toronto)
(President, 2002 – 2003)

Helmut K. Johannsen
Fasken Martineau DeMoulin LLP (Vancouver)
(President, 2003 – 2004)

Stanley Naftolin, Q.C.
Goldman Sloan Nash & Haber, LLP (Toronto)
(President, 2004 – 2005)

Duncan W. Glaholt
Glaholt LLP Barristers & Solicitors (Toronto)
(President, 2005 – 2006)

George W. MacDonald, Q.C.
McInnes Cooper (Halifax)
(President, 2006 – 2007)

Jean C. van der Lee, Q.C.,
Field LLP (Calgary)
(President, 2007 – 2008)

Daniel Ayotte, Q.C.
Borden Ladner Gervais (Montreal)
(President, 2008-2009)

The Eleventh Annual Conference of the Canadian College of Construction Lawyers

The Eleventh Annual Conference of the Canadian College of Construction Lawyers was held at Le Westin Resort & Spa in Tremblant, Quebec on May 29 – June 1, 2008. The theme of the Conference was: “THE ART OF ADVOCACY”.

Guest speakers included The Honourable Mr. Justice Graesser of Edmonton, Alberta, Douglas Stollery, Q.C. of PCL Constructors Inc., Edmonton, Alberta, Tobin Schropp, V.P. Legal of Peter Kiewit Sons, Co., Omaha, Nebraska, Jean-Eric Laferriere, SNC Lavalin, Montreal, Quebec, Peter Wade, Wade, Courville, See of Columbus, Ga., L’Honorable Jug En Chef Adjoint Andre Wery, Montreal, Quebec, L’Honorable Jug Richard Wagner, Montreal, Quebec, Paul Barshop, COO, Independent Project Analysis, Ashburn, Virginia, and E. Sigurd Ruud, Bantrel Co., Calgary,

The College is comprised of a small group of nominated senior lawyers (“Fellows”) from across Canada, who have highly distinguished and reputed practices in construction law. According to its by-laws, 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.”

Prominent topics at the conference included the art of advocacy, the role of expert witnesses, limiting risk on high risk projects, case management and the pros and cons of the new CCDC-2 2008 form of Stipulated Price Contract.

A revised format for the conference included a series of guest speakers on the Friday session, followed by hot topics on selected issues on the Saturday morning session. The Annual General Meeting of the College was also held on the Saturday morning just prior to the hot topics segment.

The Fellows and their spouses were entertained at the summit of the Mountain at the Grand Manitou on the Friday evening. The Gala Dinner was held on the Saturday evening in the dining room of Le Westin Resort & Spa.

The Canadian College of Construction Lawyers is pleased to announce that the following Officers were elected at the Eleventh Annual Conference:

President: Daniel Ayotte,
Borden Ladner Gervais LLP
Montreal, Quebec

Immediate Past President Jean C. van der Lee, Q.C.,
Field LLP
Calgary, Alberta

Vice President: William L. (Mick) Ryan, Q.C.
Stewart McKelvey Stirling Scales
Halifax, Nova Scotia

Secretary: Louis-Michel Tremblay
Miller Thomson Pouliot LLP
Montreal, Quebec

Treasurer: W. Andrew McLauchlin
(2nd of 2 year term)
McLauchlin & Associates,
Toronto, Ontario

Program Co-Ordinator: Howard M. Wise
Goodmans LLP
Toronto, Ontario

The Board of Governors of the College includes the Officers listed above, as well as:

Sandor J. Klein
DeGrandpre Chait
(Montreal, Quebec)

Derek A. Brindle Q.C.
Singleton Urquhart
(Vancouver, British Columbia)

Kenneth B. McCullogh, Q.C.
Stewart McKelvey Stirling Scales
(Saint John, New Brunswick)

David I. Marr
Campbell, Marr LLP
(Winnipeg, Manitoba)

Joel Richler
Blake, Cassels & Graydon LLP
(Toronto, Ontario)

Marina A. Pratchett Q.C.
Fasken Martineau DuMolin LLP
(Vancouver, British Columbia)

The following Past Presidents of the College are also ex-officio members of the Board of Governors:

Harvey J. Kirsh
Osler, Hoskin & Harcourt LLP (Toronto)
(President, 1997 – 1999)

D. Robert Beaumont
Osler, Hoskin & Harcourt LLP (Toronto)
(President, 1999 – 2000)

David H. Kauffman
De Grandpré Chait (Montreal)
(President, 2000 – 2001)

J. Stephen Tatrallyay
(Toronto)
(President, 2001 – 2002)

R. Bruce Reynolds
Borden Ladner Gervais LLP (Toronto)
(President, 2002 – 2003)

Helmut K. Johannsen
Fasken Martineau DeMoulin LLP (Vancouver)
(President, 2003 – 2004)

Stanley Naftolin, Q.C.
Goldman Sloan Nash & Haber, LLP (Toronto)
(President, 2004 – 2005)

Duncan W. Glaholt
Glaholt LLP Barristers & Solicitors (Toronto)
(President, 2005 – 2006)

George W. MacDonald, Q.C.

McInnes Cooper (Halifax)
(President, 2006 – 2007)

Jean C. van der Lee, Q.C.,
Field LLP (Calgary)
(President, 2007 – 2008)

The Tenth Annual Conference of the Canadian College of Construction Lawyers

The Tenth Annual Conference of the Canadian College of Construction Lawyers was held at the Predator Ridge Golf Resort in Vernon, British Columbia on May 31 – June 3, 2007. The theme of the Conference was:

“A Perfect 10! Celebrating our First Decade of Development”.

Guest speakers included The Honourable Chief Justice Donald I. Brenner of the Supreme Court of British Columbia, The Honourable Mr. Justice Allan D. McLeod, Court of Queen’s Bench of Alberta, John W. Hinchey, President Elect of the American College of Construction Lawyers, Frank Margitan of Peter Kiewit Sons Co., The Honourable Chief Justice Colin L. Campbell Superior Court of Justice (Ontario), Matthew D. Nelson, Legal Counsel, Knoll Ontrack, Douglas S. Jones of Clayton Utz, Sydney, Australia, Dan Doyle, Vancouver Organizing Committee for the 2010 Olympic and Paralympic Winter Games and Carl Stewart, President, Dominion Fairmile Construction.
The College is comprised of a small group of nominated senior lawyers (“Fellows”) from across Canada, who have highly distinguished and reputed practices in construction law. According to its by-laws, 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.”

Prominent content themes of the conference included the role of expert witnesses, the discovery of electronic documents and the Olympic experience. The revised format introduced at the ninth annual conference was maintained involving a series of guest speakers on the Friday morning session, followed by breaking out into small groups for further meaningful discussion of the issues raised by the presentations.

The Fellows and their spouses were entertained under the stars at a beautiful dinner hosted at the Mission Hill Winery on the Friday evening. The Gala Dinner and Introduction of New Fellows was held on the Saturday evening in the dining room of the Predator Ridge Golf Resort. The after dinner speaker was Beckie Scott, three time Olympic competitor in women’s cross-country skiing and winner of the gold medal in 2002 and the silver medal in 2006 who proved to be lively, entertaining and truly inspirational.

Throughout the conference and in the spirit of celebrating the first ten years since the inception of the College, congeniality and co-operation amongst the Fellows from across Canada was another consistent theme.

The Canadian College of Construction Lawyers is pleased to announce that Anna Esposito of Toronto, Ontario, Lowell Westersund Q.C. of Calgary, Alberta and Dominique Zaurrini of Laval, Quebec were inducted as Fellows at the Tenth Annual Conference. In addition, Douglas S. Jones of Sydney, Australia was inducted as an Honourary Fellow.

The Canadian College of Construction Lawyers is further pleased to announce that the following Officers were elected at the Tenth Annual Conference:

President: Jean van der Lee, Q.C.
Field LLP
(Calgary, Alberta)

Immediate Past President: George W. MacDonald, Q.C.
McInnes, Cooper
(Halifax, Nova Scotia)

Vice-President: Daniel Ayotte
Borden Ladner Gervais LLP
(Montreal, Quebec)

Secretary: William L. (Mick) Ryan, Q.C. (1 year term)
Stewart McKelvey Stirling Scales
(Halifax, Nova Scotia)

Treasurer: W. Andrew McLauchlin
(2 year term)
McLauchlin & Associates,
(Toronto, Ontario)

Program Co-Ordinator: Robert Jenkins, Q.C.,
Jenkins Marzban Logan
(Vancouver, British Columbia)

The Board of Governors of the College includes the Officers listed above, as well as:

Louis-Michel Tremblay
Miller Thomson Pouliot
(Montreal, Quebec)

Sandor J. Klein
DeGrandpre Chait
(Montreal, Quebec)

Derek A. Brindle Q.C.
Singleton Urquhart
(Vancouver, British Columbia)

Kenneth B. McCullogh, Q.C.
Stewart McKelvey Stirling Scales
(Saint John, New Brunswick)

Howard M. Wise
Goodmans LLP
(Toronto, Ontario)

David I. Marr
Campbell, Marr LLP
(Winnipeg, Manitoba)

The following Past Presidents of the College are also ex-officio members of the Board of Governors:

Harvey J. Kirsh
Osler, Hoskin & Harcourt LLP (Toronto)
(President, 1997 – 1999)

D. Robert Beaumont
Osler, Hoskin & Harcourt LLP (Toronto)
(President, 1999 – 2000)

David H. Kauffman
De Grandpré Chait (Montreal)
(President, 2000 – 2001)

J. Stephen Tatrallyay
(Toronto)
(President, 2001 – 2002)

R. Bruce Reynolds
Borden Ladner Gervais LLP (Toronto)
(President, 2002 – 2003)

Helmut K. Johannsen
Fasken Martineau DeMoulin LLP (Vancouver)
(President, 2003 – 2004)

Stanley Naftolin, Q.C.
Goldman Sloan Nash & Haber, LLP (Toronto)
(President, 2004 – 2005)

Duncan W. Glaholt
Glaholt LLP Barristers & Solicitors (Toronto)
(President, 2005 – 2006)

George W. MacDonald, Q.C.
McInnes Cooper (Halifax)
(President, 2006 – 2007)

The 10th Annual Canadian College of Construction Lawyers Conference

The 10th Annual Canadian College of Construction Lawyers Conference will be held between May 31- June 3, 2007 at the  Predator Ridge Golf Resort in Vernon, British Columbia.

2007 CONFERENCE (10th Annual)

CANADIAN COLLEGE OF CONSTRUCTION LAWYERS

“A Perfect 10! Celebrating Our First Decade of Development”

PRELIMINARY AGENDA*

* Please note: preliminary agenda is subject to change

Thursday May 31

5:00 p.m. – 7:00 p.m.
Conference Registration
Reception of Fellows, Guests and Spouses

Friday June 1

7:30 a.m. – 8:45 a.m.
Conference Registration and Continental Breakfast

8:45 a.m. – 9:00 a.m.
Welcome of Fellows and Guests
George W. MacDonald, Q.C.,
McInnes Cooper

9:00 a.m. – 11:00 a.m.

Module 1
Experts

Introduction of Speakers:
Duncan W. Glaholt,
Glaholt LLP

Keynote Addresses and Roundtable Discussions:

  • The Honourable Donald Brenner
    Chief Justice of the Supreme Court of British Columbia
  • The Honourable Mr. Justice Allan D. Macleod
    Court of Queen’s Bench of Alberta
  • John W. Hinchey
    President of the American College of Construction Lawyers

11:00 a.m. – 11:15 a.m.
Refreshment Break

11:15 a.m. – 12:00 p.m.
Comments from the Floor, Analysis and Wrap-up of the Morning Session by Panelists

12:00 p.m. – 1:30 p.m.
Luncheon (Spouses and Guests Welcome)

Construction of the Sea-to-Sky Highway Improvement
British Columbia
A Representative of Peter Kiewit Sons Co.

1:30 p.m. – 3:45 p.m.

Module 2
Hot Topics

Production and Discovery of Electronic Documents
The Honourable Mr. Justice Colin L. Campbell
Superior Court of Justice (Ontario)

Spoliation and Protection of Documents
A Representative of Kroll Ontrack

Domtar Case
Olivier Kott
Ogilvy Renault

Calculation of Impact Damages
David Percy, Q.C.
University of Alberta (to be invited)

3:45 p.m.
Adjourn for the Day

6:30 p.m.
Mission Hill Winery (Bus leaves Predator Ridge at 5:00 p.m.)

Saturday June 2

8:00 a.m. – 9:00 a.m.
Continental Breakfast

9:00 a.m. – 11:00 a.m.

Module 3
Olympic Experience

Introduction of Speakers
Robert W. Jenkins, Q.C.,
Jenkins Marzban Logan LLP

Keynote Addresses:

Methods of Delivery
Kenneth Bagshaw

State of Affairs Regarding Construction
Dan Doyle

Contractors Viewpoint and Managing Risk
A representative of Dominion Construction Company Inc.

11:00 a.m. – 11:15 a.m.
Refreshment Break

11:15 a.m. – 11:45 a.m.

Panel Discussion & Questions from the Floor
Panel Moderators:

  • John S. Logan,
    Jenkins Marzban Logan
  • Christopher J. O’Connor
    Borden Ladner Gervais LLP

12:00 p.m.

Afternoon of Leisure
Golf – Predator Ridge

7:30 p.m.
Gala Dinner
After Dinner Speaker – Beckie Scott (to be confirmed)

Sunday June 3

8:00 a.m. – 10:00 a.m.

Business Meeting

Committee Reports

1) Arbitration and Mediation Committee
2) Construction Documents Committee
3) Experts and Website Committee
4) Insurance and Surety Committee
5) Legislative Committee

10:00 a.m.

Closing Remarks


Past Conferences

1998: Inaugural Conference:
June 11-13, 1998.
Queen’s Landing Resort Hotel,
Niagara-on-the-Lake, Ontario

1999: 2nd Annual Conference:
Surviving the Big One
June 17-19, 1999.
Le Chateau Montebello, Montebello, Quebec.

2000: 3rd Annual Conference:
Dodging the Delivery Systems & Risk Management.
June 1-3, 2000.
The Rimrock Resort Hotel, Banff, Alberta.

2001: 4th Annual Conference:
Intricacies of Infrastructure: Trouble Over Bridged Waters?
May 31-June 2, 2001.
Rodd Brudenell River Resort, Roseneath, Prince Edward Island.

2002: 5th Annual Conference:
Dealing With Disputed Defaults
May 30-June 2, 2002.
Le Chateau Frontenac, Quebec.

2003: 6th Annual Conference:
Trust Me
May 29-June 1, 2003.
The Fairmont Chateau Whistler, Whistler, British Columbia.

2004: 7th Annual Conference:
Sharing Views Across Borders
Combined Annual Conference with the American College of Construction Lawyers
February 26-29, 2004.
Biltmore Hotel, Coral Gables, Florida.

2005: 8th Annual Conference
Construction Lawyers Without Borders
May 26-29, 2005.
Queen’s Landing Inn, Niagara-on-the-Lake, Ontario.

2006: 9th Annual Conference:
Problem Solving: Rules, Roles & Regulations
June 1 to 4, 2006.
Fox Harb’r Golf Resort & Spa, Wallace, Nova Scotia.

2007: 10th Annual Conference:
“A Perfect 10!Celebrating Our First Decade of Development”
May 31 to June 3, 2007
Predator Ridge Golf Resort, Vernon, British Columbia

2008: 11th Annual Conference:
“THE ART OF ADVOCACY”
May 29 – June 1, 2008
Le Westin Resort & Spa in Tremblant, Quebec

2009: 12th Annual Conference:
Public-Private Partnerships
May 28 – May 31, 2009
THE RITZ-CARLTON in Chicago, Illinois

2010: 13th Annual Conference:
Comparative Construction Law: “Different Strokes…”
May 27 – May 30, 2010
The Westin Nova Scotian Halifax, Nova Scotia

The 11th Annual Canadian College of Construction Lawyers Conference

The 11th Annual Canadian College of Construction Lawyers Conference will be held from May 29- June 1, 2008 at Le Westin Resort & Spa, Tremblant, Quebec.

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