Annik Forristal 

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 in McMillan’s Commercial Real Estate Group practicing municipal land use planning and development law, construction law and environmental law. She particularly enjoys opportunities to apply her engineering background in her practice.

Annik is an elected member of the Ontario Bar Association’s Municipal Law Executive and is experienced with the process for obtaining approvals of citywide and site specific official plan amendments, rezonings, severances and minor variances. Annik represents developers, ratepayers and municipalities and has made submissions to committees of council, municipal councils and Committees of Adjustment. She regularly appears before the Local Planning Appeal Tribunal (formerly the Ontario Municipal Board) and Toronto Local Appeal Body, as applicable, in matters ranging from complex site specific rezoning applications to appeals of citywide Official Plan amendments to applications for consent and minor variance. Annik has also represented clients in Provincial Offences Court with respect to Building Code and by-law compliance matters. She is also experienced in drafting and negotiating development related agreements, including section 37 agreements and tie-back and crane swing agreements.

Annik effectively represents numerous players within the construction pyramid providing counsel with respect to industrial, commercial, institutional and residential projects. Her clients include owners, subcontractors and consultants, in matters relating to the preparation of construction contracts, contract negotiations, and complex contract claims and disputes. She is experienced with standard form construction contracts and has drafted and negotiated associated supplementary conditions, including for CCDC, CCA, OAA and ACEC form contracts. Annik has prepared and negotiated numerous engineering services contracts for projects ranging from complex rapid transit works to master service agreements to standard terms and conditions for use on smaller projects. She has also drafted and negotiated many agreements for renewable energy projects, including design-build agreements, master supply agreements and operation and maintenance agreements. Annik is also experienced in claims resolution, providing strategic representation and counsel in settlement discussions, mediation proceedings and arbitration proceedings.

Annik has advised both private and public sector clients with respect to transactional and regulatory environmental matters, including the contractual allocation and management of environmental risk. She is familiar with environmental permitting requirements, including environmental compliance approvals and permits to take water. Annik has also assisted many corporations in determining or carrying out their obligations under stewardship legislation, including for the collection and recycling of paper products, packaging and used tires. Annik has also represented clients in Provincial Offences Court with respect to environmental offences and has appeared before the Environmental Review Tribunal.

Annik joined McMillan as a summer student in 2010 and articled with the firm before her call to the Ontario bar in 2012. She received her Juris Doctor from the University of Calgary where she graduated on the Dean's List in 2011. During law school, Annik was VP Finance of the University's Environmental Law Society and received the award for highest academic achievement in environmental law in 2010.

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.

Annik is also a member of McMillan Vantage LP

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 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

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

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 in McMillan’s Commercial Real Estate Group practicing municipal land use planning and development law, construction law and environmental law. She particularly enjoys opportunities to apply her engineering background in her practice.

Annik is an elected member of the Ontario Bar Association’s Municipal Law Executive and is experienced with the process for obtaining approvals of citywide and site specific official plan amendments, rezonings, severances and minor variances. Annik represents developers, ratepayers and municipalities and has made submissions to committees of council, municipal councils and Committees of Adjustment. She regularly appears before the Local Planning Appeal Tribunal (formerly the Ontario Municipal Board) and Toronto Local Appeal Body, as applicable, in matters ranging from complex site specific rezoning applications to appeals of citywide Official Plan amendments to applications for consent and minor variance. Annik has also represented clients in Provincial Offences Court with respect to Building Code and by-law compliance matters. She is also experienced in drafting and negotiating development related agreements, including section 37 agreements and tie-back and crane swing agreements.

Annik effectively represents numerous players within the construction pyramid providing counsel with respect to industrial, commercial, institutional and residential projects. Her clients include owners, subcontractors and consultants, in matters relating to the preparation of construction contracts, contract negotiations, and complex contract claims and disputes. She is experienced with standard form construction contracts and has drafted and negotiated associated supplementary conditions, including for CCDC, CCA, OAA and ACEC form contracts. Annik has prepared and negotiated numerous engineering services contracts for projects ranging from complex rapid transit works to master service agreements to standard terms and conditions for use on smaller projects. She has also drafted and negotiated many agreements for renewable energy projects, including design-build agreements, master supply agreements and operation and maintenance agreements. Annik is also experienced in claims resolution, providing strategic representation and counsel in settlement discussions, mediation proceedings and arbitration proceedings.

Annik has advised both private and public sector clients with respect to transactional and regulatory environmental matters, including the contractual allocation and management of environmental risk. She is familiar with environmental permitting requirements, including environmental compliance approvals and permits to take water. Annik has also assisted many corporations in determining or carrying out their obligations under stewardship legislation, including for the collection and recycling of paper products, packaging and used tires. Annik has also represented clients in Provincial Offences Court with respect to environmental offences and has appeared before the Environmental Review Tribunal.

Annik joined McMillan as a summer student in 2010 and articled with the firm before her call to the Ontario bar in 2012. She received her Juris Doctor from the University of Calgary where she graduated on the Dean's List in 2011. During law school, Annik was VP Finance of the University's Environmental Law Society and received the award for highest academic achievement in environmental law in 2010.

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.

Annik is also a member of McMillan Vantage LP

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 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.
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
April 11, 2019
Ontario's New Construction Act
McMillan Construction Counsel Series
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