Jeremy Rankin 

overview

Jeremy Rankin has a broad commercial litigation practice with a focus on construction, infrastructure and real estate disputes.

Jeremy represents owners, contractors and consultants in disputes concerning commercial, cost, delay and lien claims in both litigation and arbitration. He has assisted clients in resolving disputes relating to the construction of biomass plants, hydroelectric power stations, water treatment plants, and large residential and condominium developments. Jeremy also advises developers on disputes with contractors and purchasers of real property, and assists commercial landlords and tenants resolve leasing disputes.

Experienced in a broad range of litigation matters, Jeremy has also represented clients in franchise disputes, injunctions, jurisdictional challenges, enforcement of foreign judgments and letters rogatory, and a wide range of complex contractual disputes. Jeremy has appeared before the Ontario Superior Court, and numerous arbitration tribunals.

As an executive member of McMillan LLP’s national Construction Group, Jeremy regularly writes and presents on developments in the construction industry, and most recently on changes to the Construction Act in Ontario.

Jeremy holds a juris doctor from Osgoode Hall Law School and an honours degree in public affairs and policy management from Carleton University. Jeremy has also studied international law at Trinity College in Dublin, Ireland and at the Université Jean Moulin in Lyon, France. Jeremy also holds the certificate in construction law from Osgoode Hall and the Advocates’ Society civil litigation skills certificate.

Representative Matters

Litigation

• Resolved at mediation, a contractor-client’s claim for unpaid contract amounts and changes, and owner’s claim for delay and deficiencies in the total amount of $36 million in respect of two high-rise condominium buildings in downtown Toronto. Successfully negotiated approximately 87% recovery of client-contractor’s claim and 100% defence of owner’s delay and deficiency claims.
• Settled a complex construction lien and trust dispute involving the construction of an affordable condominium development on behalf of owner-developer. Resolved over 20 lien and trust actions, and over $3 million in claims made by the general contractor and sub-contractors.
• Resolved at mediation a contractor-client’s claim for unpaid contract amounts and changes, and owner’s deficiency claim in respect of a series of university campus buildings in Halifax, Nova Scotia.
• Successfully defended purchaser’s application for extension of closing date on behalf of developer-client, requiring purchaser to close on date specified by developer-client. Also obtained order for substantial indemnity costs against purchaser.
• Successfully enforced letters rogatory from a US court, requiring a witness residing in Canada to provide documents and deposition testimony in a US proceeding.
• Obtained numerous contempt orders against director of judgment debtor who refused to attend judgment debtor examinations, and obtained order for substantial indemnity costs against judgment debtor companies and director found in contempt.

Arbitrations

• Defeated 20 cost and delay claims by an international engineering contractor totalling over $300 million, and simultaneously succeeded in claim for $37 million in liquidated damages for owner-clients in respect of the construction of two biomass plants.
• Successfully resolved contractor-client’s claim for unpaid contract amounts and unlawful termination in respect of the construction of a water treatment plant.
• Successfully resolved owner-client’s claim against operation and maintenance contractor in respect of over $1 million in production shortfall payments arising out of the operation of a number of solar energy projects.
• Successfully resolved engineering firm-client’s claim against a foreign public authority in respect of the construction of a wastewater treatment plant in Africa.

Presentations

Publications

Education

• Osgoode Hall Law School, JD - 2015

Year Of Call

• Called to the Ontario bar - 2016

Teaching Engagements

• Adjunct Professor, ADZ School of Construction Management, George Brown College – Construction Contract Law Course

Awards & Rankings

• JSD Tory Research and Writing Award