Jamieson Virgin photo
Jamieson Virgin photo
Jamieson Virgin photo

Jamieson D. Virgin is a regional leader (Western Canada) and executive member of McMillan’s Construction Group. He has a broad corporate commercial practice and deep experience involving complex construction and commercial real estate disputes. He regularly represents clients at all levels of the construction pyramid in disputes over delay and cost overruns relating to force majeure, COVID-19, changed site conditions, scope of work changes, owner interference and other construction impact claims. Jamieson frequently provides representation in respect of complex lien claims, construction holdback and statutory breach of trust issues.

A range of stakeholders in the commercial real estate space rely on Jamieson’s expertise, including developers, property owners, commercial landlords and tenants. He focuses on providing practical, business-oriented solutions.

With extensive experience in all manner of commercial disputes, Jamieson regularly assists clients with resolving their product liability, competition and business law issues. He has significant experience in white-collar defense and regulatory matters. He has appeared before all levels of court in British Columbia and Alberta, as well as numerous arbitration tribunals and regulatory boards.

 




News


Media Mentions


Rankings & Recognitions

  • Recognized in the 2024 Benchmark Litigation: Canada Guide
  • Recognized in the 2023 Benchmark Litigation: Canada Guide as a Future Star
  • Recognized in the 2022 Benchmark Litigation: Canada Guide as a Future Star
  • Master L D Hyndman Memorial Prize in Professional Responsibility (2009)

Directorships & Affiliations

  • (Past) Executive Member of the Vancouver Bar Association
  • Vancouver Bar Association

Education & Admissions

2011
Called to the British Columbia bar
2010
LLBUniversity of Alberta
2006
BMOS University of Western Ontario

Publications

Insights (41 Posts)View More

Featured Insight

Amendments to the BC Environmental Management Amendment Act Expand Environmental Clean-up Obligations

Amendments to the Environmental Management Act will broaden the scope of the “polluter pays” principle by increasing obligations for environmental clean-up.

Read More
Oct 18, 2024
Featured Insight

Welcoming Home Clarifications to Alberta’s Prompt Payment and Lien Legislation: The Welcome Homes Decision

Alberta court rules on role of adjudicators under Prompt Payment and Construction Lien Act and holds adjudicator decision final and binding, with exceptions.

Read More
Jul 31, 2024
Featured Insight

Canada’s Updated Ineligibility and Suspension Policy for Federal Procurement Reveals Stricter Eligibility Requirements and More Flexible Enforcement Regime

Government of Canada has updated its eligibility requirements for suppliers involved procurement processes, creating more stringent but also flexible rules.

Read More
Jul 19, 2024
Featured Insight

Shutting the Open Door: B.C. Court of Appeal Overturns Contractor’s Claim for Cost Recovery Under the EMA

In this Bulletin we examine the Appellate decision in Cordy Environmental and its implications in remediation matters in both British Columbia and elsewhere.

Read More
Jun 26, 2024
Featured Insight

Warning For Businesses: Companies Can be Liable for Tort of Bribery Even if They Did Not Intend to Pay or Receive a Bribe

Businesses with a duty to provide impartial advice must take steps to ensure the payments they make or receive are not later interpreted as bribes.

Read More
Apr 12, 2024
Featured Insight

Sidestepping Contracts: The Expansion of Environmental Liability Where The Contractor Is Not Paid

B.C. Court’s decision in Cordy Environmental Inc v Obsidian Energy Ltd opens the door for contractors to sue former owners/operators of contaminated sites.

Read More
Apr 12, 2024
Featured Insight

Take Two: Canada’s Second Court-Approved Remediation Agreement

Summary of the decision to approve the UEFTI remediation agreement and discussion on approval criteria & procedural requirements for future agreements.

Read More
Jul 4, 2023
Featured Insight

Pay When Paid Clauses Post-Prompt Payment and Adjudication

Drafting a pay when paid clause in light of Alberta's Prompt Payment and Construction Lien Act.

Read More
Oct 26, 2022
Featured Insight

Alberta’s Prompt Payment And Construction Lien Act In Force Since August 29, 2022: What You Need To Know (Consolidated)

Alberta’s Prompt Payment and Construction Lien Act in Force Since August 29, 2022: What You Need to Know (Consolidated)

Read More
Aug 31, 2022
Featured Insight

We Have a DPA: Prosecutors Agree to Deferred Prosecution Agreement With SNC-Lavalin

Canadian prosecutors have for the first time agreed to a deferred prosecution agreement with a Canadian company.

Read More
May 16, 2022
Featured Insight

Alberta’s New Prompt Payment and Construction Lien Act: What You Need to Know Before August 29, 2022 (Consolidated)

A Primer and Comprehensive Overview of Alberta’s New Prompt Payment and Construction Lien Act. What You Need to Know Before August 29, 2022 (Consolidated)

Read More
Apr 6, 2022
Featured Insight

Crosslinx v. Ontario Infrastructure: Turns out that notice means actual notice…

The Ontario Court of Appeal has again emphasized the importance of complying with contractual notice provisions when advancing construction delay claims.

Read More
Apr 4, 2022
Featured Insight

Canada-U.S. Agree to Agree on Data Share Deal: Prosecution of Cross-border Criminal Cases to Become Easier

Canada and the United States have agreed to negotiate a bilateral data sharing agreement to assist cross-border criminal investigations.

Read More
Apr 1, 2022
Featured Insight

Confession, Cooperation, and Compliance: Mitigating Consequences of Alleged Bribery and Corruption Through Self-Reporting

The RCMP recently announced a rising trend of companies self-reporting potential acts of bribery and corruption.

Read More
Nov 24, 2021
Featured Insight

The Balancing of Privacy Rights and the Open Court Principle: Disclosure of Private Information in Litigation

The Supreme Court of Canada’s decision in Sherman Estate v Donovan offers clarity on when the open court principle will give ground to the right to privacy.

Read More
Jun 23, 2021
Featured Insight

Deferred Prosecution Agreements: The Continued Use of DPAs in the Antitrust Sphere in the United States

In this bulletin, we discuss the deferred prosecution agreement recently entered into by Argos USA LLC with the United States Department of Justice.

Read More
Jan 19, 2021
Featured Insight

Can You Register A Builders Lien For Pre-Construction Services on a Cancelled Project? – Case Comment: Shelly Morris Business Services Ltd v Syncor Solutions Limited

Can You Register A Builders Lien For Pre-Construction Services on a Cancelled Project? – Case Comment: Shelly Morris Business Services Ltd v Syncor Solutions Limited

Read More
Jan 6, 2021
Featured Insight

No Longer the Wild West: Alberta’s New Prompt Payment and Construction Lien Act and What You Need to Know

No Longer the Wild West: Alberta's New Prompt Payment and Construction Lien Act and What You Need to Know

Read More
Nov 9, 2020
Featured Insight

British Columbia Modernizes Its Arbitration Act

The New Arbitration Act came into force on September 1, 2020 and this article explains its significant changes to the former Act, closing gaps and deficiencies.

Read More
Sep 29, 2020
Featured Insight

Managing Construction Risk in 2020 and Beyond – The Pursuit of Success and the Art of Avoiding the Train Wreck

Understanding how these relationships develop through contractual language, the construction process itself, and the resolution of disputes positions parties to allocate risk effectively, build strong relationships, and complete projects successfully.

Jul 21, 2020
Featured Insight

Cooperating Witnesses not Confidential Informers – Competition Bureau Updates Immunity and Leniency Programs under the Competition Act

The Immunity and Leniency Programs under the Competition Act[1] are powerful tools employed by the Competition Bureau and the Public Prosecution Service of Canada (“PPSC”) in the detection and prevention of criminal anti-competitive behaviour.

Read More
Jul 20, 2020
Featured Insight

Deferred Prosecution Agreements: A Lack of Trust in Antitrust DPAs?

This bulletin describes the benefits and growing acceptance of deferred prosecution agreements in relation to American antitrust offences.

Read More
Jun 11, 2020
Featured Insight

How to Prepare for the Post-COVID-19 World of Construction

What construction industry stakeholders can expect in construction post COVID -19.

Read More
Apr 20, 2020
Featured Insight

Canadian White-collar Crime Perspectives: Government Investigations and COVID-19

This piece explores the likely impact of COVID-19 on white-collar crime issues in Canada and how regulators are reacting to the pandemic.

Read More
Apr 16, 2020
Featured Insight

Project Management Amid COVID-19 – The Triage

Best practices for construction project management during the COVID-19 pandemic, and other force majeure circumstances.

Read More
Apr 8, 2020
Featured Insight

The Impact of COVID-19 on the Construction Industry: A Reference Guide to the Changed Landscape

Contractual clauses, Permits & Inspections, Health & Safety, Labour, Litigation, Arbitration & Court Procedures,
Limitation Periods, Liens & Holdbacks

Read More
Apr 3, 2020
Featured Insight

Holdbacks in the time of COVID-19: Potential Impacts of Emergency Measures on BC

The bulletin discusses British Columbia's temporary suspension of limitation periods and civil deadlines, and how this suspension could impact BC construction.

Read More
Apr 2, 2020
Featured Insight

The Impact of COVID-19 on the Construction Industry: McMillan Answers Your Questions

This webinar will unpack and address the impacts of COVID-19 on the construction industry and how these impacts can be best managed.

Mar 31, 2020
Featured Insight

Deferred Prosecution Agreements Take Off Abroad: Airbus Penalties Exceed $5 Billion

Canadian organizations and prosecutors continue to wait to see how Canada’s deferred prosecution regime will play out (see our July 2018 bulletin for an overview of the legislation).

Read More
Mar 4, 2020
Featured Insight

Deferred Prosecution Agreements: Canada Provides Some Clarity, But Many Questions Remain

This bulletin describes recently issued Guideline 3.21 on remediation agreements and compares Canadian deferred prosecution guidance with other jurisdictions.

Read More
Feb 6, 2020
Featured Insight

Consultation Paper: Reform of the Builders Lien Act – Deadline for Comments from Industry Stakeholders is Fast Approaching

The bulletin describes the British Columbia Law Institute's recently published consultation paper on reform of the Builders Lien Act.

Read More
Dec 13, 2019
Featured Insight

Deferred Prosecution Agreements and the “National Economic Interest”

Deferred prosecution agreements (“DPA”) have been a hot topic lately, owing largely to the attention that the agreements have received in relation to the SNC-Lavalin prosecution.

Read More
Jun 26, 2019
Featured Insight

Deferred Prosecution Agreements: A French Approach to Considering the Public Interest

Deferred Prosecution Agreements (“DPAs”) became household conversation in 2018 when Canada’s Director of Public Prosecutions (the “DPP”) declined to pursue a DPA in the SNC-Lavalin prosecution.

Read More
Sep 23, 2018
Featured Insight

Deferred Prosecution Agreements – A New Canadian Regime

With the growing sophistication and globalization of corporations, countries are increasingly looking for new methods to combat and prosecute corporate crime.

Read More
Jul 4, 2018
Featured Insight

Are You Ready for CASL’s Private Right of Action?

Are You Ready for CASL's Private Right of Action?

Read More
Jan 30, 2017
Featured Insight

Better late than never: Court finds that landlord still entitled to payment of additional rent after forgetting to invoice tenant for 3 years

Better late than never: Court finds that landlord still entitled to payment of additional rent after forgetting to invoice tenant for 3 years

Read More
Dec 19, 2016
Featured Insight

No Margin for Error in Tendering Process? Recent BC Court of Appeal Decision Warns Bidders to Play by the Rules

No Margin for Error in Tendering Process? Recent BC Court of Appeal Decision Warns Bidders to Play by the Rules

Read More
Jul 20, 2016
Featured Insight

Owners and Developers Take Note: Changes to BC’s Strata Property Act Coming Soon

Owners and Developers Take Note: Changes to BC's Strata Property Act Coming Soon

Read More
Apr 5, 2016
Featured Insight

The (Non) Smoking Gun: What You Need to Enforce Strata Bylaws in Court

The (Non) Smoking Gun: What You Need to Enforce Strata Bylaws in Court

Read More
Mar 1, 2016
Featured Insight

BC Supreme Court Reminds Owners and Developers that Consumer Protection Plays an Important Role in the Strata Property Act

BC Supreme Court Reminds Owners and Developers that Consumer Protection Plays an Important Role in the Strata Property Act

Read More
Jan 27, 2016
Featured Insight

June 1, 2015 Marks an Important Date for British Columbia’s “New” Limitation Act

This new act brought a number of changes to the default limitation regime in the BC, including shorter limitation periods and new discoverability requirements.

Read More
Jun 3, 2015

Deals & Cases (2 Posts)

Featured Insight

West Fraser Completes Sale of Quesnel River and Slave Lake Pulp Mills

On April 20, 2024, West Fraser Timber Co. Ltd. (TSX and NYSE: WFG) completed its previously announced agreement to sell its Quesnel River Pulp mill in British Columbia and its Slave Lake Pulp mill in Alberta to Atlas Holdings.

Read More
Apr 20, 2024
Featured Insight

McMillan Represents Gibraltar Mines Ltd. in Victory Before the Environmental Appeal Board

McMillan represented Gibraltar Mines Ltd. the second-largest copper mine in Canada and a wholly owned subsidiary of Taseko Mines Ltd., in a significant victory before the Environmental Appeal Board involving the Tsilhqot’in Nation Government and the Director, Environmental Management Act.

Read More
Dec 12, 2023