Jeremy Rankin photo
Jeremy Rankin photo
Jeremy Rankin photo

Jeremy Rankin has a broad commercial litigation practice with a focus on construction, infrastructure and real estate disputes. Jeremy finds creative and practical solutions to his clients’ cases and is highly responsive. He cares deeply about the issues his clients are facing and makes his clients’ problems, his problems.

Jeremy is an executive member of McMillan’s National Construction Group. He represents stakeholders at every level of the construction pyramid, including owners, general contractors, subcontractors, engineers and consultants. Jeremy has acted on behalf of clients in disputes concerning cost overruns, interference, extras, delays, scope of work changes, holdback, COVID-19, bonds, liens and other construction impact claims in litigation, adjudication, mediation and arbitration. Jeremy also regularly advises developers regarding disputes with regulatory bodies and purchasers of real property, and assists landlords and tenants resolve commercial leasing disputes

Jeremy has helped clients resolve disputes relating to the construction of biomass plants, hydroelectric power stations, transformer stations, universities, medical facilities, hotels, food processing plants, water treatment plants, and large commercial, residential, and condominium developments.

Experienced in a broad range of litigation matters, Jeremy has also represented clients in franchise disputes, injunctions, jurisdictional challenges, enforcement of foreign judgments and letters rogatory, and a wide range of complex contractual disputes. Jeremy has represented clients in proceedings before the Ontario Divisional Court, the Ontario Superior Court, the Licence Appeal Tribunal and numerous adjudicators and arbitration tribunals.

Jeremy writes and presents regularly on developments in construction law matters and the Construction Act.



Representative Matters

  • Successfully represented Owner at arbitration in defeating 20 cost overrun and delay claims forwarded by international engineering contractor totaling over $300 million in respect of the construction of two biomass energy plants. Claimed and awarded all liquidated damages sought in the amount of $37M and more than $7M in legal fees. Case involved almost 100,000 documents produced, 47 witness statements, 11 expert reports, cross-examinations conducted using simultaneous language translation, and over 1,000 pages of opening and closing statements.
  • Successfully represented international contractor and original equipment manufacturer at arbitration against the Provincial Authority in respect of the construction and commissioning of a major hydro-electric power generating plant in Canada. The dispute involved the interpretation of the parties’ agreement regarding the method of valuation of changes to our client’s work. The arbitrator ruled in our favour, resulting in more than $70M to our client on account of future changes to the work.
  • Resolved at mediation a contractor-client’s claim for unpaid contract amounts and changes, and owner’s claim for delay and deficiencies in the total amount of $36M in respect of two high rise condominium buildings in Toronto. Successfully negotiated approximately 87% recovery of client-contractor’s claim and 100% defence of owner’s delay and deficiency claims.
  • Resolved at mediation an engineering-consultant’s claim for $3M in additional fees in connection with the construction of a large LEED Silver certified transit garage for conventional and electric buses.
  • Successfully resolved owner-client’s claim against operation and maintenance contractor in respect of over $1 million in production shortfall payments arising out of the operation of a number of solar energy projects.
  • Successfully resolved engineering firm-client’s claim against a foreign public authority in respect of the construction of a waste water treatment plant in Africa.
  • Successfully defended purchaser’s application for extension of closing date on behalf of developer-client, requiring purchaser to close on date specified by developer-client. Also obtained order for substantial indemnity costs against purchaser.
  • Successfully enforced letters rogatory from a US Court, requiring a witness residing in Canada to provide documents and deposition testimony in a US proceeding.
  • Obtained numerous contempt orders against director of judgment debtor who refused to attend judgment debtor examinations, and obtained order for substantial indemnity costs against judgment debtor companies and director found in contempt.

Speaking Engagements

Saving the Troubled Project, The Osgoode Certificate in Construction Law (Fall), Osgoode Hall Law School– Professional Development, Facilitator

2022-present

The Society of Construction Law North America Conference

July 16, 2023

Saving the Troubled Project Workshop, The Osgoode Certificate in Construction Law (Fall), Osgoode Hall Law School – Professional Development, Program Facilitator with Geza Banfai, Howard Krupat, and Jason Annibale

October 28, 2022

Responses to Select Questions from the "The Impact of COVID- 19 on the Construction Industry: McMillan Answers Your Questions" Webinar

April 3, 2020

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

March 31, 2020

Presentation at the OGCA 11th Construction Symposium on Changes to the New Construction Act

April 12, 2019

Teaching Engagements

  • Adjunct Professor, ADZ School of Construction Management, George Brown College – Construction Contract Law Course

News


Media Mentions


Rankings & Recognition

  • JSD Tory Research and Writing Award

Education & Admissions

2016
Called to the Ontario bar
2015
JDOsgoode Hall Law School

Publications

Insights (24 Posts)View More

Featured Insight

Adjudication Under the Construction Act: Fast but Fair

Adjudicator discretion under the Construction Act. Ontario Court recently confirmed a limit on this discretion in Ledore Investments v. Dixin Construction

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Feb 23, 2024
Featured Insight

The Weight Courts Afford to Adjudication Decisions – How Heavy are They?

The evidentiary value of an adjudicator’s decision Under Ontario’s Construction Act is reviewed.

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Aug 10, 2023
Featured Insight

Contractors Working Directly for Homeowners – The Consumer Protection Act May Limit Your Ability to Charge More than your Estimate

In The Fifth Wall Corp. v. Tonelli, the ONSC finds that the Ontario Consumer Protection Act applied applies to a residential construction contract.

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Aug 2, 2023
Featured Insight

New Home Builders Beware: Tarion Implements New Temporary Relocation Warranty Program up to $15K per Home

Tarion’s new Temporary Relocation Warranty Program requires builders to compensate new homeowners displaced due to warranted defects.

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Aug 1, 2023
Featured Insight

Is Your Arbitration Clause Appealing? No Appeal Available where Clause Says Dispute is “Finally Settled” by Arbitration

The Ontario Court of Appeal considers the type of language in a dispute resolution clause which precludes the right to appeal an arbitration award.

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May 25, 2023
Featured Insight

Factors Considered by Courts When Appointing An Arbitrator: The Arbitrator Must be Ready to “Hit the Ground Running”

The decision of the ONSC in Van Doorn v. Loopstra Nixon, 2023 ONSC 1782 provides a helpful overview of a Court's considerations when appointing an arbitrator.

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May 2, 2023
Featured Insight

Adjudication under the Construction Act: Court Confirms Test to Apply for Judicial Review a “High Bar”

Adjudication under the Construction Act: Court Confirms Test to Apply for Judicial Review a “High Bar” Anatolia Tile & Stone Inc. v Flow-Rite Inc. 2023 ONSC 129.

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Mar 15, 2023
Featured Insight

Court of Appeal Confirms Setting Aside an Arbitral Award is a “Tall” Order

The Ontario Court of Appeal decision in Tall Ships Development Inc. v. Brockville (City) illustrates when a Court will interfere with an arbitration award.

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Mar 8, 2023
Featured Insight

The Quick and Dirty on Ontario’s New Excess Soil Regulations

A concise summary of Ontario's new excess soil regulation (O.Reg 406/19) and key takeaways for affected parties.

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Jan 25, 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

Construction through COVID-19 in Canada: A Guideline for what each Province and Territory is Doing

How each Province is managing the impact of COVID-19 by restricting construction activities, suspending litigation time periods and recommending H&S practices

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Jun 11, 2020
Featured Insight

Show Me the Money: Government of Ontario to Amend Emergency Order to Allow Release of Holdbacks

The emergency provision which had the unintended effect of preventing release of construction holdbacks is being reversed.

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Apr 10, 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

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

Defendants Beware: Courts May Be Hesitant to Dismiss Action for Delay even when Plaintiff Is the Major Contributor

Where defendants play even a small part in delaying an action from getting to trial, courts may be hesitant to dismiss a plaintiff's action for delay

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Mar 4, 2020
Featured Insight

Lost in Transition: Working Through the Silence Surrounding Leasehold Interests in the Construction Act’s Transition Provisions

Lost in Transition - Working through the Silence Surrounding Leasehold Interests in the Construction Act's Transition Provisions

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Feb 27, 2020
Featured Insight

Is Your Refrigerator Limitation Period Running? Maybe Not Where One Party Promises to Fix the Problem

Limitation periods will not run where a party assures another it will fix the problem between them, and that party reasonably relies on that assurance.

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Jan 7, 2020
Featured Insight

Stay Tuned: Ontario Proposes Sweeping Changes to Class Proceedings Act

The Ontario Government is proposing significant changes to the Class Proceedings Act that will address problems faced by parties over the last 30 years.

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Dec 16, 2019

Judicial Review “Through the Looking Glass”: Issue-By-Issue Analysis

Judicial Review "Through the Looking Glass": Issue-By-Issue Analysis

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Feb 22, 2016
Featured Insight

Purchasing Your Next Piece of Property With an iPad May Have Just Become a Reality

Purchasing Your Next Piece of Property With an IPad May Have Just Become a Reality

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Jan 15, 2016
Featured Insight

Car Allowances: Not A Sacred Right

Car Allowances: Not A Sacred Right

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Dec 23, 2015
Featured Insight

New OSFI Guideline on Operational Risk Management

New OSFI Guideline on Operational Risk Management

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Sep 9, 2015
Featured Insight

Ontario Government Proposes Some “Strong” Changes to Workplace Laws

Ontario Government Proposes Some "Strong" Changes to Workplace Laws

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Aug 18, 2014

Deals & Cases (1 Posts)

Featured Insight

Pier 27 and L-Tower Construction Litigation and Settlement Finalized

The Residences of Pier 27 and the L-Tower are known as landmark structures in Toronto’s downtown core, both for their unique architectural design and breathtaking views. Unbeknownst to most, both residences were also the subject of litigation for three years.

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Dec 1, 2019