Gemma Healy-Murphy Photo
Gemma Healy-Murphy Photo
Gemma Healy-Murphy Photo

Gemma Healy-Murphy is a skilled litigation and dispute resolution lawyer at McMillan LLP, specializing in construction law, insurance coverage, and commercial/industrial product liability disputes. Gemma represents clients at all levels of court in Ontario, including before the Ontario Court of Appeal; in adjudication and lien matters under Ontario’s Construction Act; and in arbitrations and mediations, including under CCDC and other standard form construction contracts.

Gemma is experienced in advising and representing clients across the full spectrum of stakeholders in the construction industry, including owners, general contractors, subcontractors, engineers, and consultants, in a wide array of disputes. These disputes cover issues such as bond claims, cost overruns, COVID-19, delay claims, deficient design, force majeure, interference, non-performance, prompt payment, scope of work changes, unforeseen conditions, and quality of work/defective work.

Gemma’s strong background in insurance law enables her to advise clients on various insurance policies, including builder’s risk, course of construction, commercial general liability (CGL), contractor’s equipment, professional liability for design professionals, and pollution liability insurance, among others. She enjoys helping clients navigate issues such as scope of coverage, priority of policies, and defence and indemnity obligations. Gemma also assists clients with the insurance claims process, including collaborating with experts in the valuation of property damage losses and business interruption losses.

In 2024, Gemma achieved significant milestones in her practice, including successfully representing a subcontractor in a two-week construction arbitration focused on scope of work changes, delay claims and improperly withheld holdback amounts. The Arbitrator specifically commended Gemma for her skillful cross-examination of a key witness for the opposing party. She also enjoyed winning a contested motion for a client to be granted intervenor status on an appeal before the Ontario Court of Appeal concerning a $25M insurance policy.

Gemma’s leadership extends beyond her legal practice—she enjoys being a panelist and speaker at various industry conferences, including the Ontario General Contractors Association Spring Symposium, the Society of Construction Law North America Annual Conference, and the DRI Annual Products Liability Conference. She is also a regular contributor to legal publications, including Law360 Canada, The Lawyers Daily, and Rock to Road.

Gemma holds a Master of Laws from Trinity College Dublin and enjoys being actively involved in both the legal and Irish communities. She moved to Canada in 2011 and, as her first role here, helped set up the office of an Irish tunnelling company. Gemma is committed to promoting cross-cultural and business ties between Canada, Ireland and beyond, and enjoys serving on the Board of Directors of the Irish Canadian Immigration Centre and as a North American Representative to Arbitration Ireland.



Representative Matters

Construction & Environmental

  • Secured an arbitration victory for contractor-client after a two-week construction arbitration resulting in a judgment of approximately $6M, with specific recognition for skillful cross-examination of a key witness.
  • Resolved multi-million-dollar claim on behalf of engineer-client at formal mediation arising from design deficiencies claim.
  • Successfully defended plaintiff client against partial summary judgment motion both at first instance and on appeal to the Divisional Court [see Erectoweld Company Limited v. Procor Limited, 2022 ONSC 1174 and Erectoweld Company Limited v. Procor Limited, 2022 ONSC 3504 (Div. Ct.)].
  • Represented architect-client in construction claim arising from multi-million-dollar hotel construction project.
  • Represented owner-client in litigation arising from allegations of deficient roofing workmanship.
  • Represented anchor tenant-client in a dispute involving the termination of a lease agreement and construction delays in a multi-million-dollar mixed-use commercial development project.
  • Successfully enforced a judgment on behalf of a contractor-client in relation to an unpaid adjudication decision under Ontario’s Construction Act.
  • Represented plaintiff owner-client in multi-party litigation arising from complex residential construction project.
  • Successfully advanced lien claim on behalf of supplier-client in respect of non-payment of equipment rental fees.
  • Defending multiple construction lien claims on behalf of owner-client in respect of multi-million-dollar commercial development.
  • Defending municipal transit provider in multi-million dollar property damage claim arising during the course of construction of a station revitalisation project.
  • Defending design engineers in multi-million dollar property damage claim arising during the course of construction of a power station tunnelling project.

Insurance

  • Successful in winning contested motion for leave to intervene at Ontario Court of Appeal for client in respect of appeal concerning a $25M fidelity bond [see Surefire Dividend Capture, LP v. National Liability & Fire Insurance Company (Berkshire Hathaway Specialty Insurance), 2024 ONCA 644 (CanLII)].
  • Represented distributor-client in an insurance coverage arbitration, securing a $1.6M settlement on the eve of the arbitration.
  • Represented developer-client in multi-million-dollar insurance coverage dispute, securing a $1.2M settlement without resorting to formal litigation.
  • Secured settlement for owner-client with insurer in relation to property damage claim without resorting to formal litigation.
  • Provided advice to both owner and contractor-clients regarding the scope and interpretation of contractual insurance and dispute resolution clauses.
  • Secured victory at the Ontario Court of Appeal for client in relation to interpretation of Ontario’s Insurance Act [see Carroll v. McEwen, 2018 ONCA 902].
  • Provided dispute resolution and claim evaluation advice to contractor-client in respect of insured claims under course of construction policies.

Product

  • Representing several multi-national corporations in product liability disputes in Ontario, including for fire and security products, construction and industrial material, and heavy equipment.

Speaking Engagements

Organizer and Moderator, Fireside Chat on Transitioning to Leadership with Counselwell & Rusty Juma, General Counsel at Volkswagen

October 2024

Panelist, Ontario General Contractors Association Spring Symposium

April 2024

Panelist, Canadian Mechanical & Plumbing Exposition

March 2024

International Law Panel Moderator, DRI Annual Products Liability Conference

February 2024

Panelist, Ireland for Law Dublin International Disputes Week Conference

September 2023

Organizer and Moderator, Commercial Dispute Resolution in Canada and Ireland

September 2023

Panelist, Society of Construction Law North America Annual Conference

July 2023

Organizer and Moderator, Ireland-Canada Business Association Summit, Toronto

May 2023

Panelist, Ireland Canada Chamber of Commerce, Women’s Leadership & Innovation

February 2023
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News


Media Mentions


Community Involvement

  • Irish Canadian Immigration Centre, Member of Board of Directors, August 2022 – Present
  • Solace House Canada, Member of Advisory Board to Board of Directors, 2021
  • Ireland-Canada Chamber of Commerce, Member, January 2020 to present
  • Nightwood Theatre, Annual Lawyers Show, Cast member, 2019 – 2020

Directorships & Affiliations

  • Canada Ireland Bar Association, Founding Member (December 2022)
  • Canadian Association of Women In Construction
  • Society of Construction Law North America
  • The Advocates Society
  • Toronto Construction Association
  • Ontario Bar Association
  • Canadian Defence Lawyers
  • Defence Research Institute

Education & Admissions

2016
Called to the Ontario bar
2010
Distinction Certification in MusicDublin Institute of Technology, Dublin, Ireland
2009
Masters of Laws (with a focus on Alternative Dispute Resolution)Trinity College Dublin, Faculty of Law, Dublin, Ireland
2008
Bachelor of Law (Honours)University College Dublin, Faculty of Law, Dublin, Ireland

Publications

  • Making sense of the owner/contractor relationship,” Co-Authored by Gemma Healy-Murphy, Jason J. Annibale and Kaleigh Dunn, Rock to Road Magazine (March/April 2024)
  • “Building Permits: An Overview of Processes and Practices in Ontario,” CIQS Construction Economist (Spring 2023)
  • Court of Appeal reaffirms limited use of Rule 21.01 for limitations issues,” Law360 Canada (May 12, 2023)
  • Passport to Canada: 10 things that might surprise Irish lawyers about Canada,” Part 1, Irish Legal News (February 9, 2023)
  • Don’t trip on a poorly drafted step clause,” Co-authored with Connor Campbell and Srinidhi Akkur, The Lawyers Daily, This article was originally published by The Lawyer’s Daily (www.lawyersdaily.ca), part of LexisNexis Canada Inc. (November 3, 2022)
  • “Contributor to Thomson Reuters Practical Law Insurance & Reinsurance Global Guide – Canada Q&A,” Co-authored with Darcy Ammerman and Chris Garrah (2022)
  • “The scope of re-examination on discovery,” Canadian Defence Lawyers, Hearsay (January 2021)
  • “Access to summary judgment post-pandemic: A “Culture Shift” at long last?,” Co-author, The Lawyers’ Weekly (October 2020)
  • “The rights of action of an unborn child,” Co-author, The Lawyers’ Daily (May 2020)
  • “What does it mean to be a reasonable parent?,” The Lawyers’ Daily (Aprril 2020)
  • “Partial settlement agreements: practical realities,” Co-author, Canadian Institute Insurance Law Review, Vol. 1. No. 2 (November 2016)

Insights (3 Posts)View More

Featured Insight

A Comparative Analysis of Commercial Dispute Resolution in Ireland and Canada

The panel will focus on a range of current commercial dispute resolution and access to justice issues affecting Canadian businesses that operate, or are considering operating in Ireland and/or the UK.

Details
Tuesday, September 5, 2023
Featured Insight

Ontario Seeks to Remove Barriers and Promote Inclusivity for Women on Construction Worksites

Ontario has taken a significant step forward to promoting the inclusion of women in the construction sector.

Read More
Apr 26, 2023
Featured Insight

Interpreting a Contractual Dispute Resolution Clause? Step in the Arbitrator’s Direction

This bulletin discusses a recent Ontario Superior Court of Justice decision on dispute resolution clauses in commercial contracts.

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Oct 24, 2022