overview
Jason is a partner in McMillan's Advocacy and Dispute Resolution Group specializing in the P3, construction and real estate industries. He is the National Co-Chair, Construction and a member of the firm's Professional Services Committee.
Jason has acted as lead counsel in the most complex construction disputes and sophisticated commercial transactions. Within the P3 and EPC contracting space, he has assisted authorities and owners in resolving construction delay and cost overrun disputes involving changed site conditions, severe weather, contract changes, protest actions, and increased financing costs in respect of underwater tunnels, biomass plants, prisons, hospitals, highways, service stations, electrical power stations and other infrastructure. Jason has also resolved a dispute involving the correct calculation of a refinancing gain of an asset constructed through the P3 model. In the commercial sphere, Jason has represented an international energy company with the purchase of construction projects and related assets in the context of one of Canada's largest ever construction bankruptcies.
Jason has appeared at all levels of court in Ontario and is seasoned arbitration counsel. He has been recognized by his peers in both the 2019 Canadian Legal Lexpert Directory as a Repeatedly Recommended Lawyer in the area of Construction Law and in Who's Who Legal: Construction – Future Leaders. Jason has also been elected to the Ontario Bar Association's Construction and Infrastructure Law Section Executive three times and was the Executive's Co-Chair Program Coordinator.
Jason is the author of the chapter on Dispute Resolution in the text by Timothy J. Murphy, Public-Private Partnerships in Canada: Law Policy and Value for Money and the co-author of the chapter on Construction Delivery Methods in McMillan's "soup-to-nuts" consideration of the construction process, Construction Law in Canada. Jason also regularly speaks on Ontario's Construction Act and managing risk and dispute resolution in the P3, construction and real estate contexts.
Representative Matters
- Defended the North American consulting arm of an international automotive manufacturer against numerous lien claimants and obtained judgment on a cross-claim against a design builder in relation to the negligent design, manufacture, and installation of recuperative thermal oxidizer systems supporting a paint line for a body and bumper manufacturing plant.
- Defended a Crown agent against numerous lien claimants in a complex, multi-party suit in relation to two large development projects respecting the construction of a court house and a government office building housing tribunal hearing rooms.
- Defended a Crown corporation's competitive bid selection process in relation to the construction of a world-class aquarium against allegations of unfairness, conflict of interest and bad faith.
- Obtained an order discharging a certificate of pending litigation registered against the old Christie Bakery manufacturing plant and defeated the subsequent motion to stay the discharge order pending the hearing of the appeal on the basis that the appeal raised no "serious issue".
- Obtained an order for security for costs on the (rarely granted) substantial indemnity basis in an amount over $300,000 against an appellant purchaser of property.
- Defended an international furniture manufacturing commercial landlord against a tenant's allegations of loss of business resulting from expansion of shopping centre and parking facilities.
- Represented an international energy corporation in a product liability claim respecting the premature disintegration of piping product in a geothermal loop system.
- Defended a truss component designer from a series of complex, multi-party design defect and negligence claims respecting the collapse of barn roofing systems across southern Ontario.
- Represented a national gaming and entertainment company in a product liability claim respecting complex and numerous roof-top heating, ventilation, and air-conditioning units servicing gaming floor areas.
- Defended a First Nation consultation process performed by a Crown agent on behalf of the Government of Ontario.
- Represented an educational institution in a matter involving the custody and handling of aboriginal remains.
Presentations
Dispute Resolution in P3 Projects Panel Discussion
Contracts, Consultants, and an Emerging Landscape: What you need to know
ADRIC 2016: ADR Canada's Annual National Conference: Reflections and Innovations
The Unique World of Construction Law Arbitrations and Mediations, Ontario Bar Association
Recoverable Damages for Breach of Lease
Lease Remedies 101: Navigating Your Options
Aboriginal Law - The Legal Landscape and Application
Fundamentals of Construction Law
Civil Court Proceedings and the Enforcement of Orders - A Primer
Certificates of Substantial Performance, the Open for Business Act, and how the Construction Lien Act affects Condo Developers
De-Mystifying the Construction Lien Act - A Lender's Perspective
De-Mystifying the Construction Lien Act - A Lender's Perspective
Effectively Structuring and Managing Design-Build Projects
The ‘Discovery' and Management of Aboriginal Remains
Construction Contracts and Delivery Methods, Managing Risk, Disputes, and the Construction Lien Act
First Nations Consultation and the role of Archaeologists within the Legal Framework
The Significance of Hiawatha First Nation v. Ontario (Minister of the Environment), [2007] 2 C.N.L.R. 186
Publications
Performance Bonds: What Project Finance Lenders Should Know
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?
Out with the old and in with the new: transitioning from Ontario's old Construction Lien Act to the new Construction Act
Winter is coming – and so is Ontario's New Construction Act
Not as unconscionable as some might think: Court of Appeal orders purchaser to forfeit deposit after failing to close real estate deal
Rolling Liability for Continuous Breaches of Commercial Leases
Subcontractors May Unknowingly Lack General Lien Rights
Court affirms right of Province to "Take up" Treaty Lands – Grassy Narrows First Nation v. Ontario (Natural Resources)
Business Interests Working Through Parts Of Canada's Identity: Aboriginal Law And Federalism
Decisions, decisions – faced with non-payment, contractors must pursue the right claim and remedy
Sloppy accounting costs developer - Construction Lien Act protects parties down the chain
Aboriginal claims – another layer of complexity and risk for the construction industry
"Pay me now, or pay me later" – The risks of poor payment and accounting practices
'Open for Business' spells important changes for condo developers and the construction industry
aboriginal treaties are not "complete codes" – Supreme Court confirms duty to consult independent of treaty obligations (part II of II)
limitation periods where 'discoverability' at issue can now be determined at summary judgment
A little certainty for an uncertain process – Supreme Court confirms duty to consult not triggered or informed by adverse impacts from past actions (part I of II)1
disclosure exposure? only where condo developers misstate or omit material details in disclosure statements
No holds barred: absolute privilege for judicial proceedings
Supreme Court finds coverage for construction defect claim
Chinese Drywall - Construction Products Claims and Coverage Issues
Chinese Drywall – Construction Products Claims and Coverage Issues
Judicial Review - Another Weapon to Challenge Government Tendering Decisions?
Construction Law in Canada
Trust Me! – Ontario Court of Appeal expands pool of trust beneficiaries under the Construction Lien Act
Exposing the Mess Swept Under the Rug: Supreme Court of Canada Orders Damages for Breach of Tendering Contract
What is the duty to consult, anyway, and why is it important?
The Lien Clock Doesn't Tick Forever
What to do as an Owner when Liens Arise and the Construction Lien Act
Toronto lawyers unveil design-build project guide
Effectively Structuring and Managing Design-Build Projects
News
McMillan Lawyers Recognized in 2019 Lexpert/ROB Special Edition on Canada's Leading Energy Lawyers
60 McMillan Lawyers Recognized in the 2019 Canadian Legal Lexpert Directory
McMillan LLP and Level / Égaliser team up to host Aboriginal youth and lawyers in day of education and inspiration
Jason Annibale identifies that the Supreme Court of Canada in the case of Grassy Narrows First Nation v. Ontario clarifies First Nation land issues
McMillan welcomes five new partners to the partnership
Four McMillan Bulletins selected for inclusion in Terralex Connections
Education
- McGill University, LLB (Distinction) - 2000
- Queen's University, BA Honours (First Class Honours) - 1997
- Osgoode Hall Law School, Construction Law Certificate - 2015
Year Of Call
- Called to the Ontario bar - 2002
Practices
litigation
dispute resolution
construction
public-private partnerships
commercial real estate
aboriginal law
construction litigation
Industries
construction
infrastructure
commercial real estate
energy
mining
Directorships and Professional Associations
- Canadian Bar Association
- Ontario Bar Association Construction and Infrastructure Law
- Advocates' Society
Community Involvement
- St. Michael's College School – Executive Member of Alumni Association and Career Mentor
- North Toronto Soccer Club – House League Coach (2015)
- North Toronto Soccer Club – Nitros Volunteer Assistant Coach (2016)
Awards & Rankings
- Recognized in the 2019 Lexpert/ROB Energy – Special Edition as one of Canada’s Leading Energy lawyers
- Recognized in the 2019 Canadian Legal Lexpert Directory as a Repeatedly Recommended Lawyer in the area of Construction Law
- Who's Who Legal: Construction - Future Leaders 2019
- McMillan Leadership in Mentoring Award - 2010
Media Mentions