Annik Forristal 

Partner

Annik Forristal

Toronto
Brookfield Place, Suite 4400
181 Bay Street
Toronto, Ontario M5J 2T3

t: 416.865.7292
e: annik.forristal@mcmillan.ca

overview

Annik is a partner specializing in the construction, infrastructure and development industries. She provides advice and representation in respect of project delivery, contractual allocation and management of risk, municipal land use planning and related approvals, project administration, claims management, environmental law and dispute resolution.

A practicing engineer before she became a lawyer, Annik is well placed to provide informed, practical advice to all players in the construction and development industries including owners, developers, municipalities, contractors, engineers and architects. Her project experience is wide-ranging and includes condominiums, university and hospital developments, industrial facilities, and solar and wind energy projects.

Annik is experienced in the front-end approval and permitting necessary for development and construction projects, such as obtaining official plan amendments, rezonings, severances and minor variances as well as acquiring environmental authorizations including records of site condition, environmental compliance approvals and permits to take water. She regularly makes submissions to municipal councils and Committees of Adjustment, and appears before the Local Planning Appeal Tribunal (formerly the Ontario Municipal Board), the Environmental Review Tribunal and the Toronto Local Appeal Body.

Annik is frequently sought after for her experience negotiating, drafting and advising on complex construction and development agreements, including custom-drafted and standard form construction contracts (such as CCDC, CCA, OAA and ACEC), integrated project delivery (IPD) agreements, tie-back and crane swing agreements, master supply agreements, operation and maintenance agreements, and section 37 agreements. She also supports clients through dispute resolution processes where she employs a results-oriented, creative and cost-effective approach in mediation and arbitration proceedings, as well as Building Code, by-law and regulatory compliance matters before the Provincial Offences Court.

A frequent speaker and writer in her areas of expertise, Annik is an elected member of the Ontario Bar Association’s Municipal Law Executive. She is also a member of McMillan Vantage LP, a full-service, national public affairs firm comprised of lawyers and policy advisors who assist clients in achieving policy-based solutions.

Annik received her Juris Doctor from the University of Calgary where she graduated on the Dean's List in 2011. Prior to law school, Annik received her Bachelor of Applied Science in Chemical Engineering from the University of Waterloo, and practiced as a project and process engineer with various Canadian companies.

Representative Matters

Land Use Planning

  • Assisted Amexon Development and Heritage York Holdings Inc. in obtaining approval for a High Density Mixed Use Residential and Commercial Development on 1200, 1210 & 1200 Sheppard Avenue for a total of 1793 Residential units, 28,189 square feet retail and 136,000 square feet commercial office
  • Assisted Lee Development in obtaining approval for a townhouse apartment development with 451 units
  • Assisted Dunpar Developments Inc. in obtaining a Zoning By-law Amendment for 4390 Mississauga Road for a mid-rise, 65 townhome developments

Construction and Energy

  • Assisted with the drafting and negotiation of a master services agreement for the provision of architectural services for The Hospital for Sick Kids’ Project Horizon – a significant campus redevelopment project valued at $1.3 billion being undertaken by the hospital in cooperation with the Ministry of Health and Long-Term Care in the City of Toronto’s downtown.
  • Assisted with the drafting and negotiation of construction management (CCDC 5A), stipulated price construction contracts (CCDC 17) and other associated contracts for Westbank Project Corp.’s Mirvish Village development (including for future energy services at the development). Mirvish Village is an extensive redevelopment in Toronto’s iconic Bloor West/Annex neighbourhood at the former location of the landmark Honest Ed’s. The development has been planned as a mixed-use rental community and consists of 5 mixed use buildings ranging from 13 to 26 storeys in height. The development will involve the restoration of numerous historical buildings as well as the creation of new public green spaces and will create 916 rental units and over 225,000 square feet of retail, offices and community uses.
  • Assisted a major authority in successfully resolving construction delay and cost overrun disputes under a P3 agreement involving allegations of changed site conditions, severe weather, protest actions, and increased financing costs in respect of the construction of an underwater tunnel.
  • Acted as counsel to an engineering and management firm providing assistance with the drafting and negotiation of numerous agreements for the provision of professional services, including for large infrastructure projects
  • Drafted and negotiated individual and master agreement forms of engineering, procurement and construction contracts (EPC)
  • Drafted and negotiated individual and master agreement forms of equipment supply agreements
  • Drafted and negotiated Operation and Maintenance agreements for solar projects

Environment

  • Acted as counsel to the Canadian Owners and Pilots Association in opposing the installation of 8 wind turbines in the Collingwood/Stayner Area, resulting in the first decision of the Environmental Review Tribunal where it was found that engaging in a renewable energy project in accordance with its renewable energy approval will cause serious harm to human health.
  • Acted as environmental counsel to purchasers of impacted lands including advising in respect of conducting due diligence investigations, preparing remediation plans, obtaining Records of Site Condition (full-depth generic, background and risk-based), and negotiating agreements for purchase and sale.
  • Acted as environmental counsel on the purchase of lands for re-development for industrial, commercial, office, residential and recreational uses.

Presentations

Selecting and Managing External Counsel
Live Demonstration: Negotiating Key Terms in Design Contracts
Allocating Risks: Managing Troublesome Contract Clauses
Allocating Risks by Contract: Troublesome Contract Clauses
Construction Work Ahead: Land Development and Construction Law Issues in Ontario Part 2
Construction and Infrastructure Law
Municipal Law
Co-Chair with Jason Lewis (WSP)
Allocating Risks by Contract: Troublesome Clauses to Watch Out
Toronto Local Appeal Body To Date: The Perks & The Pitfalls
Ontario Heritage Act
OBA Infrastructure Primer III - Negotiating Design
Construction Law
Allocating Risks by Contract: Troublesome Clauses to Watch Out
Construction Work Ahead: Land Development and Construction Law Issues in Ontario
Construction and Infrastructure Law
Municipal Law
Co-Chair with Jason Lewis (Ivanhoe Cambridge Inc.)
The Role of Expert Witnesses: Further Update and the Latest Court Decisions

Publications

The Impact of COVID-19 on the Construction Industry: A Reference Guide to the Changed Landscape
COVID-19: March 30th Update on the Impacts to Development Applications and Hearings
COVID-19: What is the Impact on Development Applications and Hearings?
Think twice before obtaining a labour and material payment bond – new liability for an old security
Change is Coming to Ontario's Construction Lien Act – What Do You Need to Know for 2018?
Toronto Local Appeal Body to Date - The Perks and the Pitfalls
Province of Ontario Announces Major Reforms to the Land Use Planning Appeal Process
Federal Jurisdiction in Municipal Matters: What Happens When the Provinces or Municipalities Step on Federal Toes?
What to Expect from Toronto's Local Appeal Body – Knowns and Unknowns
Gatekeepers to Playing in the Sandbox
Amendment to the BC Recycling Regulation Impacts Small Businesses and Franchisees
The 2014 Provincial Policy Statement & Environmental Protection
New BC Recycling Requirements for Paper Products Coming into Force Soon
Did the City of Toronto Council have the right to strip the Mayor of his powers?
Land Use Compatibility
City adopts first amendment to official plan under 5-year review
How will the city of Toronto's new draft harmonized zoning by-law impact your property rights?
A new departure and a fresh approach: the Ontario Court of Appeal decision in Combined Air
Suspect your employee is using drugs or drinking?
A Tale of Two Valves – How a Trade Mark Was Lost
Collateral Damage: U.S. Supreme Court Dismisses Rigidity of Federal Circuit Tests in Rejecting Bilski

News

Canadian Counsel to Refresco Group N.V. in its US$1.25 Billion Acquisition of Cott Corporation
McMillan LLP Launches National Public Affairs Firm, McMillan Vantage Policy Group
Annik Forristal featured in Lexpert's Student Recruitment Special
McMillan in top-10 development law firms by Novae Res Urbis

Education

  • University of Calgary, Juris Doctor - 2011
  • University of Waterloo, Bachelor of Applied Science in Chemical Engineering

Year Of Call

  • Called to the Ontario bar - 2012

Practices

municipal and land use planning law
planning and approvals
environmental regulation
construction
government relations
administrative law
commercial real estate

Industries

construction
infrastructure
greenbuild

Directorships and Professional Associations

  • Ontario Bar Association

Awards & Rankings

  • Award for highest academic achievement in environmental law at the University of Calgary, 2010
  • Dean's List, University of Calgary 2011
vcard

Annik is a partner specializing in the construction, infrastructure and development industries. She provides advice and representation in respect of project delivery, contractual allocation and management of risk, municipal land use planning and related approvals, project administration, claims management, environmental law and dispute resolution.

A practicing engineer before she became a lawyer, Annik is well placed to provide informed, practical advice to all players in the construction and development industries including owners, developers, municipalities, contractors, engineers and architects. Her project experience is wide-ranging and includes condominiums, university and hospital developments, industrial facilities, and solar and wind energy projects.

Annik is experienced in the front-end approval and permitting necessary for development and construction projects, such as obtaining official plan amendments, rezonings, severances and minor variances as well as acquiring environmental authorizations including records of site condition, environmental compliance approvals and permits to take water. She regularly makes submissions to municipal councils and Committees of Adjustment, and appears before the Local Planning Appeal Tribunal (formerly the Ontario Municipal Board), the Environmental Review Tribunal and the Toronto Local Appeal Body.

Annik is frequently sought after for her experience negotiating, drafting and advising on complex construction and development agreements, including custom-drafted and standard form construction contracts (such as CCDC, CCA, OAA and ACEC), integrated project delivery (IPD) agreements, tie-back and crane swing agreements, master supply agreements, operation and maintenance agreements, and section 37 agreements. She also supports clients through dispute resolution processes where she employs a results-oriented, creative and cost-effective approach in mediation and arbitration proceedings, as well as Building Code, by-law and regulatory compliance matters before the Provincial Offences Court.

A frequent speaker and writer in her areas of expertise, Annik is an elected member of the Ontario Bar Association’s Municipal Law Executive. She is also a member of McMillan Vantage LP, a full-service, national public affairs firm comprised of lawyers and policy advisors who assist clients in achieving policy-based solutions.

Annik received her Juris Doctor from the University of Calgary where she graduated on the Dean's List in 2011. Prior to law school, Annik received her Bachelor of Applied Science in Chemical Engineering from the University of Waterloo, and practiced as a project and process engineer with various Canadian companies.

Land Use Planning

  • Assisted Amexon Development and Heritage York Holdings Inc. in obtaining approval for a High Density Mixed Use Residential and Commercial Development on 1200, 1210 & 1200 Sheppard Avenue for a total of 1793 Residential units, 28,189 square feet retail and 136,000 square feet commercial office
  • Assisted Lee Development in obtaining approval for a townhouse apartment development with 451 units
  • Assisted Dunpar Developments Inc. in obtaining a Zoning By-law Amendment for 4390 Mississauga Road for a mid-rise, 65 townhome developments

Construction and Energy

  • Assisted with the drafting and negotiation of a master services agreement for the provision of architectural services for The Hospital for Sick Kids’ Project Horizon – a significant campus redevelopment project valued at $1.3 billion being undertaken by the hospital in cooperation with the Ministry of Health and Long-Term Care in the City of Toronto’s downtown.
  • Assisted with the drafting and negotiation of construction management (CCDC 5A), stipulated price construction contracts (CCDC 17) and other associated contracts for Westbank Project Corp.’s Mirvish Village development (including for future energy services at the development). Mirvish Village is an extensive redevelopment in Toronto’s iconic Bloor West/Annex neighbourhood at the former location of the landmark Honest Ed’s. The development has been planned as a mixed-use rental community and consists of 5 mixed use buildings ranging from 13 to 26 storeys in height. The development will involve the restoration of numerous historical buildings as well as the creation of new public green spaces and will create 916 rental units and over 225,000 square feet of retail, offices and community uses.
  • Assisted a major authority in successfully resolving construction delay and cost overrun disputes under a P3 agreement involving allegations of changed site conditions, severe weather, protest actions, and increased financing costs in respect of the construction of an underwater tunnel.
  • Acted as counsel to an engineering and management firm providing assistance with the drafting and negotiation of numerous agreements for the provision of professional services, including for large infrastructure projects
  • Drafted and negotiated individual and master agreement forms of engineering, procurement and construction contracts (EPC)
  • Drafted and negotiated individual and master agreement forms of equipment supply agreements
  • Drafted and negotiated Operation and Maintenance agreements for solar projects

Environment

  • Acted as counsel to the Canadian Owners and Pilots Association in opposing the installation of 8 wind turbines in the Collingwood/Stayner Area, resulting in the first decision of the Environmental Review Tribunal where it was found that engaging in a renewable energy project in accordance with its renewable energy approval will cause serious harm to human health.
  • Acted as environmental counsel to purchasers of impacted lands including advising in respect of conducting due diligence investigations, preparing remediation plans, obtaining Records of Site Condition (full-depth generic, background and risk-based), and negotiating agreements for purchase and sale.
  • Acted as environmental counsel on the purchase of lands for re-development for industrial, commercial, office, residential and recreational uses.
March 30, 2020
COVID-19: March 30th Update on the Impacts to Development Applications and Hearings

Municipal and Land Use Planning; Development Bulletin

March 23, 2020
COVID-19: What is the Impact on Development Applications and Hearings?

Municipal and Land Use Planning; Development Bulletin

May 2016
Gatekeepers to Playing in the Sandbox

Six Minute Municipal Lawyer

June 2014
The 2014 Provincial Policy Statement & Environmental Protection
Land Development and Planning Forum 2014
December 2013
Land Use Compatibility
The Commons Institute - Practitioner Panels on Municipal Law
May 2012
A new departure and a fresh approach: the Ontario Court of Appeal decision in Combined Air
Article originally appeared in The Advocates' Quarterly
Volume 39, Number 4
April 2012
November 2011
Suspect your employee is using drugs or drinking?
Employment and Labour Bulletin
Summer 2010
A Tale of Two Valves – How a Trade Mark Was Lost
Intellectual Property Brief Summer 2010
February 2020
Selecting and Managing External Counsel
Ontario Bar Association Institute's Program re: "Legal Departments and Economic Uncertainty – How to Add Value to Your Employer", Member of panel
November 12, 2019
Live Demonstration: Negotiating Key Terms in Design Contracts
Osgoode Construction Law Certificate Program
May 23, 2019
Allocating Risks: Managing Troublesome Contract Clauses
Ontario Architect's Association Annual Conference in Quebec City
April 11, 2019
Ontario's New Construction Act
McMillan Construction Counsel Series
March 7, 2019
Allocating Risks by Contract: Troublesome Contract Clauses
Osgoode Professional Development – Advanced Legal Risk Management for Design Professionals
March 21, 2018
Construction Work Ahead: Land Development and Construction Law Issues in Ontario Part 2
Construction and Infrastructure Law
Municipal Law
Co-Chair with Jason Lewis (WSP)
Ontario Bar Association, Twenty Toronto Street
March 2, 2018
Allocating Risks by Contract: Troublesome Clauses to Watch Out
Legal Risk Management For Design Professionals: Strategies For Dealing With Today's Complex Projects, Osgoode Hall
February 2018
Toronto Local Appeal Body To Date: The Perks & The Pitfalls
OBA Institute 2018 – A New Era In Municipal and Planning Law, Toronto, Ontario
May 2017
Ontario Heritage Act
The Six Minute Lawyer
May 3, 2017
OBA Infrastructure Primer III - Negotiating Design
Construction Law
Ontario Bar Association, Twenty Toronto Street
March 31, 2017
Allocating Risks by Contract: Troublesome Clauses to Watch Out
Legal Risk Management For Design Professionals: Strategies For Dealing With Today's Complex Projects, Osgoode Hall
March 28, 2017
Construction Work Ahead: Land Development and Construction Law Issues in Ontario
Construction and Infrastructure Law
Municipal Law
Co-Chair with Jason Lewis (Ivanhoe Cambridge Inc.)
Ontario Bar Association, Twenty Toronto Street
May 4, 2016
The Role of Expert Witnesses: Further Update and the Latest Court Decisions
Six Minute Municipal Lawyer, Donald Lamont Learning Centre