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.
Drafting a pay when paid clause in light of Alberta's Prompt Payment and Construction Lien Act.
Alberta’s Prompt Payment and Construction Lien Act in Force Since August 29, 2022: What You Need to Know (Consolidated)
Canadian prosecutors have for the first time agreed to a deferred prosecution agreement with a Canadian company.
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)
The Ontario Court of Appeal has again emphasized the importance of complying with contractual notice provisions when advancing construction delay claims.
Canada and the United States have agreed to negotiate a bilateral data sharing agreement to assist cross-border criminal investigations.
The RCMP recently announced a rising trend of companies self-reporting potential acts of bribery and corruption.
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.
In this bulletin, we discuss the deferred prosecution agreement recently entered into by Argos USA LLC with the United States Department of Justice.
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
No Longer the Wild West: Alberta's New Prompt Payment and Construction Lien Act and What You Need to Know
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.
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.
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.
This bulletin describes the benefits and growing acceptance of deferred prosecution agreements in relation to American antitrust offences.
What construction industry stakeholders can expect in construction post 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.
Best practices for construction project management during the COVID-19 pandemic, and other force majeure circumstances.
Contractual clauses, Permits & Inspections, Health & Safety, Labour, Litigation, Arbitration & Court Procedures,
Limitation Periods, Liens & Holdbacks
The bulletin discusses British Columbia's temporary suspension of limitation periods and civil deadlines, and how this suspension could impact BC construction.
This webinar will unpack and address the impacts of COVID-19 on the construction industry and how these impacts can be best managed.
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).
This bulletin describes recently issued Guideline 3.21 on remediation agreements and compares Canadian deferred prosecution guidance with other jurisdictions.
The bulletin describes the British Columbia Law Institute's recently published consultation paper on reform of the Builders Lien Act.
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.
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.
With the growing sophistication and globalization of corporations, countries are increasingly looking for new methods to combat and prosecute corporate crime.
Are You Ready for CASL's Private Right of Action?
Better late than never: Court finds that landlord still entitled to payment of additional rent after forgetting to invoice tenant for 3 years
No Margin for Error in Tendering Process? Recent BC Court of Appeal Decision Warns Bidders to Play by the Rules
Owners and Developers Take Note: Changes to BC's Strata Property Act Coming Soon
The (Non) Smoking Gun: What You Need to Enforce Strata Bylaws in Court
BC Supreme Court Reminds Owners and Developers that Consumer Protection Plays an Important Role in the Strata Property 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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