Kailey Sutton 

Associate

Kailey Sutton

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

t: 416.945.8008
e: kailey.sutton@mcmillan.ca

overview

Kailey is an associate whose practice focuses on the construction, infrastructure and development industries. As a former insurance broker and adjuster with a Masters in Criminology, Kailey is trained in risk management and allocation, mediation, negotiation, and settlement. She represents and advises all players in the construction and development industries including owners, developers, ratepayers, municipalities, contractors, and consultants.

Kailey is experienced in the front-end approval and permitting necessary for development and construction projects. She assists clients with acquiring various forms of development approvals for a broad range of projects, including official plan amendments, rezonings, severances, minor variances, plans of subdivision and site plan approvals. She also provides advice to clients in expropriation proceedings, Ontario Heritage Act matters, Building Code matters, and other by-law and regulatory compliance matters. Kailey frequently appears in front of and makes submissions to municipal councils and Committees of Adjustment, the Local Planning Appeal Tribunal (formerly the Ontario Municipal Board), the Toronto Local Appeal Body, and Provincial Offences Court. 

Kailey’s experience includes 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), master supply agreements, operation and maintenance agreements, and section 37 agreements. She has acted on matters relating to real estate portfolio acquisitions, low- and high-rise residential and condominium developments, university and hospital developments, industrial facilities, P3 infrastructure, solar and wind energy projects, and art installations.  

As a member of the Urban Land Institute’s Programming Committee and an Executive of McMillan LLP’s National Construction Law Group, Kailey stays current and takes a leadership role within the fast-paced development industry. She has authored a number of articles and bulletins, most recently on the changes to the Construction Act and Planning Act, and has participated as a panelist in a number of discussions respecting the Construction Act.

Kailey received her Juris Doctor from the University of Toronto in 2016. While at law school, Kailey participated in advocacy-related competitions, placing first in the 2015 Frank W. Callaghan Moot. She co-directed the 2016 Callaghan Moot, which involved working closely with the Court of Appeal, participating judges and lawyers. Prior to law school, Kailey received her Masters of Criminology from the University of Toronto.

Representative Matters

Drafted & negotiated numerous construction contracts and provided advice pursuant to numerous construction contracts for new and existing clients including: Institutional and other Owner clients, Developers, Engineers and Architects, Contractors, and Trades 

Participated on a team of lawyers in preparing a construction contract as part of a successful P3 bid package.

Presentations

Publications

COVID-19: July 6th Update on the Impacts to Development Applications and Hearings
The LPAT and the New "Ontario Land Tribunals" Cluster
COVID-19: June 3rd Update on the Impacts to Development Applications and Hearings
COVID-19: May 20th Update on the Impacts to Development Applications and Hearings
COVID-19: May 13th Update on the Impacts to Development Applications and Hearings
COVID-19: May 6th Update on the Impacts to Development Applications and Hearings
COVID-19: April 22nd Update on the Impacts to Development Applications and Hearings
COVID-19: April 15th Update on the Impacts to Development Applications and Hearings
Project Management Amid COVID-19 - The Triage
COVID-19: April 7th Update on the Impacts to Development Applications and Hearings
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?
Province Announces Major Changes to the Rules Governing Land Development
Ontario Premier to Set Precedent Invoking Notwithstanding Clause
Ford-ward Looking at the Impacts of the Better Local Government Act, 2018
Ontario Premier Doug Ford Intends to Cut Toronto City Wards from 47 to 25 for 2018 Municipal Election
Think twice before obtaining a labour and material payment bond – new liability for an old security
The WELL Building Standard
Budget 2017: Proposed GST/HST Amendments
Federal Jurisdiction in Municipal Matters: What Happens When the Provinces or Municipalities Step on Federal Toes?
WELL Building Standard: Shifting the Focus to Wellness in the Built Environment

Education

  • University of Toronto, Juris Doctor - 2016
  • University of Toronto, Masters of Criminology - 2012

Year Of Call

  • Called to the Ontario bar - 2017

Practices

administrative law
commercial real estate
construction
construction litigation
dispute resolution
mediation
municipal and land use planning law
planning and approvals

Industries

construction
infrastructure
greenbuild

Directorships and Professional Associations

  • Ontario Bar Association
  • BILD (Building Industry and Land Development Organization) 
  • Urban Land Institute, Toronto Chapter, Program Committee
vcard

Kailey is an associate whose practice focuses on the construction, infrastructure and development industries. As a former insurance broker and adjuster with a Masters in Criminology, Kailey is trained in risk management and allocation, mediation, negotiation, and settlement. She represents and advises all players in the construction and development industries including owners, developers, ratepayers, municipalities, contractors, and consultants.

Kailey is experienced in the front-end approval and permitting necessary for development and construction projects. She assists clients with acquiring various forms of development approvals for a broad range of projects, including official plan amendments, rezonings, severances, minor variances, plans of subdivision and site plan approvals. She also provides advice to clients in expropriation proceedings, Ontario Heritage Act matters, Building Code matters, and other by-law and regulatory compliance matters. Kailey frequently appears in front of and makes submissions to municipal councils and Committees of Adjustment, the Local Planning Appeal Tribunal (formerly the Ontario Municipal Board), the Toronto Local Appeal Body, and Provincial Offences Court. 

Kailey’s experience includes 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), master supply agreements, operation and maintenance agreements, and section 37 agreements. She has acted on matters relating to real estate portfolio acquisitions, low- and high-rise residential and condominium developments, university and hospital developments, industrial facilities, P3 infrastructure, solar and wind energy projects, and art installations.  

As a member of the Urban Land Institute’s Programming Committee and an Executive of McMillan LLP’s National Construction Law Group, Kailey stays current and takes a leadership role within the fast-paced development industry. She has authored a number of articles and bulletins, most recently on the changes to the Construction Act and Planning Act, and has participated as a panelist in a number of discussions respecting the Construction Act.

Kailey received her Juris Doctor from the University of Toronto in 2016. While at law school, Kailey participated in advocacy-related competitions, placing first in the 2015 Frank W. Callaghan Moot. She co-directed the 2016 Callaghan Moot, which involved working closely with the Court of Appeal, participating judges and lawyers. Prior to law school, Kailey received her Masters of Criminology from the University of Toronto.

Drafted & negotiated numerous construction contracts and provided advice pursuant to numerous construction contracts for new and existing clients including: Institutional and other Owner clients, Developers, Engineers and Architects, Contractors, and Trades 

Participated on a team of lawyers in preparing a construction contract as part of a successful P3 bid package.

July 6, 2020
COVID-19: July 6th Update on the Impacts to Development Applications and Hearings

Municipal and Land Use Planning; Development Bulletin

July 6, 2020
The LPAT and the New "Ontario Land Tribunals" Cluster

Municipal and Land Use Planning; Development Bulletin

June 3, 2020
COVID-19: June 3rd Update on the Impacts to Development Applications and Hearings

Municipal and Land Use Planning; Development Bulletin

May 20, 2020
COVID-19: May 20th Update on the Impacts to Development Applications and Hearings

Municipal and Land Use Planning; Development

May 13, 2020
COVID-19: May 13th Update on the Impacts to Development Applications and Hearings

Municipal and Land Use Planning; Development

May 6, 2020
COVID-19: May 6th Update on the Impacts to Development Applications and Hearings

Municipal and Land Use Planning; Development Bulletin

April 22, 2020
COVID-19: April 22nd Update on the Impacts to Development Applications and Hearings

Municipal and Land Use Planning; Development Bulletin

April 15, 2020
COVID-19: April 15th Update on the Impacts to Development Applications and Hearings

Municipal and Land Use Planning; Development Bulletin

April 8, 2020
Project Management Amid COVID-19 - The Triage

Construction Law Bulletin

April 7, 2020
COVID-19: April 7th Update on the Impacts to Development Applications and Hearings

Municipal and Land Use Planning; Development Bulletin

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

September 2018
Ontario Premier to Set Precedent Invoking Notwithstanding Clause

Municipal Law and Litigation Bulletin

January 2018
The WELL Building Standard

Commercial Real Estate Bulletin

September 2017
A Recipe for Good Governance

Ivey Business Journal

March 2017
Budget 2017: Proposed GST/HST Amendments

Budget 2017: Proposed GST/HST Amendments

February 2017
WELL Building Standard: Shifting the Focus to Wellness in the Built Environment

The Six-Minute Commercial Leasing Lawyer 2017