Laura Brazil 

Laura Brazil

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

t: 416.865.7814
e: laura.brazil@mcmillan.ca

overview

Laura is a partner in McMillan's litigation group specializing in construction, real estate, energy, and commercial litigation. 

Laura represents owners, general contractors, subcontractors, design professionals, material suppliers, and other construction industry members. Her experience includes construction lien, breach of contract, and trust claims as well as negligence claims against design professionals. 

Laura acts for energy industry companies and associations in project approval applications, policy hearings, and breach of contract claims in the courts. 

In her real estate litigation practice, Laura represents developers, commercial landlords, and tenants in lien, lease, and mortgage disputes. 

Laura also maintains a broad commercial litigation practice where she acts for financial institutions and other businesses. She has experience in bankruptcy, breach of contract, and fraud claims, among others. 

Laura has appeared before all levels of court in Ontario and before the Ontario Energy Board. She holds a Construction Law Certificate from Osgoode Hall Law School. She is a past member of the Ontario Bar Association Civil Litigation Section Executive.

Representative Matters

  • Defeated two concurrent motions for security for costs seeking over $1.0 million in security by succeeding on a novel argument that unpaid holdback pursuant to progress draws signed by the owner represented a trust asset of the contractor, negating the need for security. Yuanda Canada Enterprises Ltd. v. Pier 27 Toronto Inc. 2017 ONSC 1892.
  • Co-counsel to an exterior cladding contractor in lien, breach of trust, and breach of contract claims totaling over $30 million arising from the construction of two condominiums.
  • Defeated a motion for a certificate of pending litigation on behalf of a leading condominium developer. 
  • Won a contested motion for the consolidation of related construction lien actions arising from a public transportation project. Unimac-United Management Corp. v. Cobra Power Inc., 2015 ONSC 208.
  • In a claim involving allegations of improper installation, acted as lead counsel for the installer.
  • Co-counsel to a window subcontractor in a claim involving alleged deficiencies and post-construction damage.
  • Represented an engineering firm in a dispute regarding unpaid extras and delays in three public works projects.
  • Co-counsel for an energy producer in its successful application for leave to construct from the Ontario Energy Board.
  • Represented a U.S. and Swedish company in two separate disputes involving alleged environmental contamination of land.
  • Acted as co-counsel for a Canadian chartered bank in several claims involving fraud.
  • Lead counsel to a Canadian financial institution in a claim regarding whether a mortgage was a fraudulent conveyance.
  • Lead litigation counsel for dissenting shareholders in an application under the Ontario Business Corporations Act.
  • Acted for an issuer in a claim arising from an alleged breach of an agreement to purchase shares and warrants.
  • Co-counsel to a manufacturing company in a dispute involving warehousing services and the duty of bad faith.
  • Obtained a full payment of outstanding invoices for a software company in a dispute over software coding services.
  • As co-counsel to a construction equipment supplier, obtained judgment for unpaid rental invoices. The decision was upheld on appeal to the Ontario Court of Appeal. ECA Canada Co. v. 9031-1671 Québec Inc., 2011 ONSC 5986 and 2012 ONCA 232.
  • As co-counsel to a human resources company, obtained summary dismissal of a lawsuit for breach of contract. Eagle Professional Resources Inc. v. MacMullin, 2013 ONSC 2501.

Presentations

Publications

Bill 57 - Clarity on When the New or Old Construction Act Applies
Is your site ready for recreational cannabis?
Anticipatory Repudiation in Real Estate Deals: Can You Terminate if the Other Party Will Breach the Agreement of Purchase and Sale?
Minimizing Risks Arising from the New Construction Lien Amendments
New Regulations Add Detail to the Construction Lien Amendment Act
No Security for Costs for Defendants With Trust Funds
No Construction Liens on Foreign Government Land in Ontario
Contractors May Be Liable in Breach of Trust Actions for Interest and Costs
Subcontractors May Unknowingly Lack General Lien Rights
Contractors' Duty to Seek Payment Under Provisional Payment Clauses
Subcontractors' Breach of Trust Actions – Time May Be Shorter Than You Think
Vicarious Liability: Restricted Use of Vehicles Will Not Shield Owners from Liability
No Excuses: Court Affirms that Defences to Claims for Payment For Dishonoured Cheques Are Limited
Moore v. Drummond: Capacity to Make a Will

Education

  • Osgoode Hall Law School, Construction Law Certificate - 2016
  • Western University, JD - 2010
  • Queen's University, BA (Hons) Economics - 2007

Year Of Call

  • Called to the Ontario bar - 2011

Practices

business litigation
commercial real estate
construction litigation
construction
mediation
arbitration
appellate advocacy
litigation

Industries

banking
construction
manufacturing, distribution and retail
energy
investments

Directorships and Professional Associations

  • Ontario Bar Association Construction and Infrastructure Law Section
  • Ontario Bar Association Civil Litigation Section (Executive Member 2012-2013)
  • Toronto Construction Association
  • Advocates’ Society  

Media Mentions

vcard

Laura is a partner in McMillan's litigation group specializing in construction, real estate, energy, and commercial litigation. 

Laura represents owners, general contractors, subcontractors, design professionals, material suppliers, and other construction industry members. Her experience includes construction lien, breach of contract, and trust claims as well as negligence claims against design professionals. 

Laura acts for energy industry companies and associations in project approval applications, policy hearings, and breach of contract claims in the courts. 

In her real estate litigation practice, Laura represents developers, commercial landlords, and tenants in lien, lease, and mortgage disputes. 

Laura also maintains a broad commercial litigation practice where she acts for financial institutions and other businesses. She has experience in bankruptcy, breach of contract, and fraud claims, among others. 

Laura has appeared before all levels of court in Ontario and before the Ontario Energy Board. She holds a Construction Law Certificate from Osgoode Hall Law School. She is a past member of the Ontario Bar Association Civil Litigation Section Executive.

  • Defeated two concurrent motions for security for costs seeking over $1.0 million in security by succeeding on a novel argument that unpaid holdback pursuant to progress draws signed by the owner represented a trust asset of the contractor, negating the need for security. Yuanda Canada Enterprises Ltd. v. Pier 27 Toronto Inc. 2017 ONSC 1892.
  • Co-counsel to an exterior cladding contractor in lien, breach of trust, and breach of contract claims totaling over $30 million arising from the construction of two condominiums.
  • Defeated a motion for a certificate of pending litigation on behalf of a leading condominium developer. 
  • Won a contested motion for the consolidation of related construction lien actions arising from a public transportation project. Unimac-United Management Corp. v. Cobra Power Inc., 2015 ONSC 208.
  • In a claim involving allegations of improper installation, acted as lead counsel for the installer.
  • Co-counsel to a window subcontractor in a claim involving alleged deficiencies and post-construction damage.
  • Represented an engineering firm in a dispute regarding unpaid extras and delays in three public works projects.
  • Co-counsel for an energy producer in its successful application for leave to construct from the Ontario Energy Board.
  • Represented a U.S. and Swedish company in two separate disputes involving alleged environmental contamination of land.
  • Acted as co-counsel for a Canadian chartered bank in several claims involving fraud.
  • Lead counsel to a Canadian financial institution in a claim regarding whether a mortgage was a fraudulent conveyance.
  • Lead litigation counsel for dissenting shareholders in an application under the Ontario Business Corporations Act.
  • Acted for an issuer in a claim arising from an alleged breach of an agreement to purchase shares and warrants.
  • Co-counsel to a manufacturing company in a dispute involving warehousing services and the duty of bad faith.
  • Obtained a full payment of outstanding invoices for a software company in a dispute over software coding services.
  • As co-counsel to a construction equipment supplier, obtained judgment for unpaid rental invoices. The decision was upheld on appeal to the Ontario Court of Appeal. ECA Canada Co. v. 9031-1671 Québec Inc., 2011 ONSC 5986 and 2012 ONCA 232.
  • As co-counsel to a human resources company, obtained summary dismissal of a lawsuit for breach of contract. Eagle Professional Resources Inc. v. MacMullin, 2013 ONSC 2501.
January 2019
Bill 57 - Clarity on When the New or Old Construction Act Applies

Construction Law Bulletin, Litigation Bulletin

September 2018
Is your site ready for recreational cannabis?

On-Site Magazine

June 2018
Minimizing Risks Arising from the New Construction Lien Amendments

Litigation and Construction Bulletin

April 2013
Moore v. Drummond: Capacity to Make a Will
Trusts and Estates Law Section of Ontario Bar Association's newsletter, Deadbeat, Vol. 31, No. 3,
April 11, 2019
Ontario's New Construction Act
McMillan Construction Counsel Series