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.  His practice focuses primarily on construction and commercial real estate matters with a special emphasis on complex, multi-party construction and infrastructure 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.

Jamieson provides in-depth risk management advice to a range of stakeholders in the commercial real estate space, 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 environmental regulatory matters.  He has appeared before all levels of court in British Columbia, the courts of Alberta, and numerous arbitration tribunals and regulatory boards.




News


Media Mentions


Rankings & Recognitions

  • 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

  • “The “Discovery” of Demand Obligations under B.C.’s New Limitation Act,” Estates Trusts & Pensions Journal, Vol. 34, No. 3 (May 2015)

Insights (32 Posts)

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.

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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)

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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.

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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.

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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.

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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.

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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.

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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

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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

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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.

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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.

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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.

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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.

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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.

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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.

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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

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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.

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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

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).

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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.

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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.

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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.

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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.

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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.

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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?

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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

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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

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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

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Apr 5, 2016

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

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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

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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.

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Jun 3, 2015