


Construction & Infrastructure
CONSTRUCTION
Construction is a highly complex, heavily regulated industry with myriad stakeholders involved in every project — including landowners, financial institutions, builders, developers engineers, construction companies and suppliers. All parties want a project to be completed on-time and within budget but with so many moving parts the potential for cost and schedule overruns is ever-present. Our lawyers understand this process and how best to move through it to achieve our clients’ objectives.
McMillan’s blend of industry-specific knowledge and unmatched litigation skills make our construction law practice one of the largest and most highly regarded and recognized construction law teams in Canada. Our construction lawyers understand the entire construction process from the RFP and tender process through completion and turnover and are deeply experienced in project financing, performance bonding, insurance and related issues. We represent our clients through arbitration processes, adjudication, mediation, and litigation at all levels of court. We are a leader in the resolution of P3 and other large-scale construction and infrastructure disputes, employing state-of-the-art technology and innovative business solutions to manage complex arbitrations and litigation on expedited schedules.
We specialize in drafting tenders and contracts, advising on security enforcement, counselling on zoning, variances and assessments and advising on risk allocation and management. We also advise on facilities management contracts and risk allocation in the Canadian Construction Documents Committee (CCDC) standard form contracts. When there is a breach of construction contract or laws that govern construction, we represent clients in litigation and arbitration proceedings related to defects, liens, delays, warranties and other construction claims.
INFRASTRUCTURE
Effective and efficient infrastructure is essential to maintaining our standard of living and economic growth, but government funding restraints and increased urbanization is pushing existing infrastructure to its limits.
Public and private sectors are joining forces through arrangements such as public private partnerships (P3s) to facilitate infrastructure growth. These financing schemes enable governments and quasi-governmental organizations to deliver on infrastructure projects while sharing the risk and responsibility. However, the financial arrangement propping up P3s are extremely complex, necessitating the counsel of an infrastructure law firm to create the partnership structures and risk-sharing agreements that allow each party to achieve their respective goals.
McMillan’s team is comprised of lawyers specializing in infrastructure law and how it governs civil infrastructure construction. With experience in the structuring and execution of major infrastructure projects, we provide a complete range of services including assistance with procurement, construction, financing, environmental review, community consultation, tax and regulatory issues.
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INSIGHTS (97 Posts)
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Jan 6, 2021
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Mandatory Vaccination Policies for Employees: Enforceable or a Shot in the Dark?
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Dec 23, 2020
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Sick, Lies, and Questionnaire: Arbitrators Uphold Terminations of Employees who Breached COVID-19 Safety Protocols
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‘But to What Effect?’ The Supreme Court of Canada Clarifies the Anti-deprivation Rule in Chandos
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Nov 16, 2020
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No Longer the Wild West: Alberta’s New Prompt Payment and Construction Lien Act and What You Need to Know
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Ontario Employers be Aware: New Mandatory Screening Requirements for Ontario Workplaces
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Sep 30, 2020
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The Splintering of Canadian Insolvency Law: Quebec Court of Appeal Confirms Expiry of Provincial Notice Periods are a Pre-Condition to Appointment of a BIA Receiver
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Aug 6, 2020
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COVID-19 and Commercial Rents: The Court Decides. Amicable Resolutions are Recommended.
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Jul 24, 2020
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COVID-19: July 22nd Update on the Impacts to Development Applications and Hearings
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Jul 22, 2020
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Managing Construction Risk in 2020 and Beyond – The Pursuit of Success and the Art of Avoiding the Train Wreck
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Jul 21, 2020
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Ontario Superior Court of Justice Sends Ontario Construction Employers Back to the Drawing Board
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Jul 13, 2020
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Construction Trusts Can Apply to Funds Received by CCAA Monitor: the Court of Appeal’s Decision in Urbancorp
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Jul 13, 2020
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COVID-19: July 6th Update on the Impacts to Development Applications and Hearings
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Jul 6, 2020
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Construction through COVID-19 in Canada: A Guideline for what each Province and Territory is Doing
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Jun 11, 2020
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COVID-19: June 3rd Update on the Impacts to Development Applications and Hearings
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Jun 3, 2020
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Ontario Provides Employers with Temporary Relief from COVID-Related Termination Risks
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Jun 1, 2020
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Privacy Penalties – Canadian Competition Bureau Wades Into Privacy Enforcement
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May 26, 2020
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COVID-19: May 20th Update on the Impacts to Development Applications and Hearings
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May 20, 2020
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COVID-19: May 13th Update on the Impacts to Development Applications and Hearings
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May 13, 2020
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COVID-19: May 6th Update on the Impacts to Development Applications and Hearings
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May 6, 2020
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COVID-19: April 22nd Update on the Impacts to Development Applications and Hearings
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Apr 22, 2020
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COVID-19: April 15th Update on the Impacts to Development Applications and Hearings
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Apr 15, 2020
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Show Me the Money: Government of Ontario to Amend Emergency Order to Allow Release of Holdbacks
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Apr 10, 2020
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COVID-19: April 7th Update on the Impacts to Development Applications and Hearings
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Apr 7, 2020
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Holdbacks in the time of COVID-19: Potential Impacts of Emergency Measures on BC
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Apr 2, 2020
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The Impact of COVID-19 on the Construction Industry: McMillan Answers Your Questions
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Mar 31, 2020
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Transport Canada Relaxes Mandatory Off-Duty Time for Truck Drivers Transporting Essential Cargo
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Mar 30, 2020
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COVID-19: March 30th Update on the Impacts to Development Applications and Hearings
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Mar 30, 2020
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Where the Restructuring Meets the Road: the Intersection Between Insolvency Proceedings and Construction Law
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Mar 20, 2020
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Defendants Beware: Courts May Be Hesitant to Dismiss Action for Delay even when Plaintiff Is the Major Contributor
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Mar 4, 2020
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Lost in Transition: Working Through the Silence Surrounding Leasehold Interests in the Construction Act’s Transition Provisions
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Feb 27, 2020
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Is Your Refrigerator Limitation Period Running? Maybe Not Where One Party Promises to Fix the Problem
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Jan 7, 2020
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Consultation Paper: Reform of the Builders Lien Act – Deadline for Comments from Industry Stakeholders is Fast Approaching
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Dec 13, 2019
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Employees’ Duty to Mitigate: Comparable Employment Does Not Mean Any Employment
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Jul 24, 2019
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Performance Bonds: The New Form 32 Under Section 85.1 of the Ontario Construction Act
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May 1, 2019
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Ontario Passes Amendments to the Labour Relations Act, 1995 and Employment Standards Act, 2000
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Apr 15, 2019
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Life is not Fair: Unsuccessful Proponent Admits Non-Compliance with RFP, But Sues Fairness Advisor Anyways
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Apr 12, 2019
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Ontario Proceeding with Further Substantial Amendments to Workplace Legislation
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Dec 14, 2018
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The Court of Appeal puts an End to ‘Jail on the Couch’ Sentences for Bid-rigging
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Nov 30, 2018
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Ontario to Make Major Changes to Employment and Labour Standards through the Making Ontario Open for Business Act
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Oct 23, 2018
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Anticipatory Repudiation in Real Estate Deals: Can You Terminate if the Other Party Will Breach the Agreement of Purchase and Sale?
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Jul 6, 2018
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‘Tis the Season – Ontario Government Introduces Bill Setting Minimum Pay Rates for Private-Sector Contractors on Government Contracts
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Apr 20, 2018
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Think twice before obtaining a labour and material payment bond – new liability for an old security
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Mar 26, 2018
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BC excavator’s court case takes a dig at municipal procurement policies undermined by the CFTA & CETA
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Mar 21, 2018
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Change is Coming to Ontario’s Construction Lien Act – What Do You Need to Know for 2018?
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Mar 1, 2018
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Out with the old and in with the new: transitioning from Ontario’s old Construction Lien Act to the new Construction Act
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Feb 14, 2018
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What You Don’t Know About Copyright in Buildings Could Cost You, So Here’s What You Need To Know
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Jan 30, 2018
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The Kick that Got the Ball Rolling: Copyright in Architectural Works is Gaining Traction in Canada
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Jan 30, 2018
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Ontario Court Provides Some Guidance as to Due Diligence in Health and Safety Charges
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Jan 15, 2018
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Ontario Files Regulations to Clarify the Implementation of Bill 148: Impacts for the Auto Sector, Construction Industry and Others
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Dec 21, 2017
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Not as unconscionable as some might think: Court of Appeal orders purchaser to forfeit deposit after failing to close real estate deal
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Dec 11, 2017
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Ontario Divisional Court Affirms Use of Contractual Limitation Period in Guarding Against Third Party Claims
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Oct 30, 2017
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Ontario Bill 148 What Does It Mean for Employers in the Construction Industry
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Jun 20, 2017
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Ontario Introduces Bill 142, Construction Lien Amendment Act, 2017 – It’s Much More Than Just Liens!
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Jun 6, 2017
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Rolling Back Sattva: Appeal Courts Can Second Guess Contractual Interpretation
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Sep 26, 2016
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Make sure you follow the proper procedure if you want to claim for extras and delay costs
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Sep 15, 2016
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No Margin for Error in Tendering Process? Recent BC Court of Appeal Decision Warns Bidders to Play by the Rules
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Jul 20, 2016
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Purchasing Your Next Piece of Property With an iPad May Have Just Become a Reality
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Jan 15, 2016
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