Pier 27 and L-Tower Construction Litigation and Settlement Finalized

The Residences of Pier 27 and the L-Tower are known as landmark structures in Toronto’s downtown core, both for their unique architectural design and breathtaking views. Unbeknownst to most, both residences were also the subject of litigation for three years.

Yuanda Canada Enterprise Ltd. (“Yuanada”) was the window-wall supplier on both the Pier27 and L-Tower construction projects. Yuanada remained unpaid and asserted claims for contract balance and unpaid change orders, while the owners asserted substantive delay claims backed by an expert report.

McMillan represented Yuanda in the three year litigation during which we i) set a precedent in defeating two security for costs motions based upon statutory trust entitlement (Yuanda Canada Enterprises Ltd. v. Pier 27 Toronto Inc. 2017 ONSC 1892) and ii) obtained a production order from a non-party which forced disclosure of 230,000 previously undisclosed documents.

Following intensive discoveries lasting several weeks, parties arranged for mediation which resulted in a 98% success for Yuanda in respect of the $36 million in dispute. This included the dismissal of the owners’ claim against Yuanda’s performance bond.

Yuanada Canada Enterprises Ltd., a subsidiary of China-based Shenyang Yuanda Enterprise Group, is the largest curtain-wall / window-wall company in the world.

The McMillan team was led by Glenn Grenier and included Laura Brazil and Jeremy Rankin.

McMillan’s National Construction Group (“MNCG”) is a highly integrated and coordinated inter-disciplinary industry practice group. The MNCG consists of 50 lawyers across Canada who deal with construction either exclusively or as part of their larger practices in their respective disciplines, which span almost all of McMillan’s departments. Our lawyers practice together without regard to office boundaries, seamlessly employing the right expertise and teams throughout the country to deliver superior client service in relation to all aspects of construction and for all players in the construction pyramid. The MNCG approaches construction, P3, and infrastructure projects as a single discipline. In addition, the MNCG employs a problem-solving approach that integrates both barrister and solicitor side thinking to yield more creative, comprehensive, and practical solutions to client challenges — whether on transactions, through dispute resolution processes, or otherwise managing risk.