416.945.8008
Construction – Industry Association Engagements
- Assisted the Ontario Association of Architects (OAA) with updating its industry standard form OAA 600 contract for architect’s services and OAA 900 contract for subconsultant’s services.
- Assisted the Association of Consulting Engineering Companies – Ontario (ACEC-ON) with updating its industry standard form Client/Engineer Agreement for Professional Consulting Services in partnership with the Municipal Engineers Association (MEA).
Construction – Industrial, Commercial and Institutional Projects
- Acting for First Gulf Corporation, including in respect of its “403/6 Industrial Park” (project value $350M, +/- 2,000,000 sf first class industrial park) in Ancaster (City of Hamilton), providing land use planning, construction and development support, including obtaining development approvals and permits, an OLT appeal of Draft Plan of Subdivision, negotiation of approval conditions, advising on demolition of existing buildings on site, and related matters such as the City’s infrastructure improvement project impacting the subject lands.
- Acting for Carttera Management Inc. including in respect of its 11260 Jane Street project (subject of MZO, project value $660M, +/- 1,500,000 sf industrial development) in the City of Vaughan, providing a range of real estate, land use planning, development and construction support, including drafting and negotiation of various agreements with, the City (such as a Development Engineering Agreement), neighbouring landowners (such as construction access agreements and interconnection agreements), conservation authorities, and various Provincial Ministries, as well as obtaining land use approvals.
- Acted for Rogers Stadium Limited Partnership on drafting, negotiating and implementing the construction contracts required for renovation of the lower bowl of the Rogers Centre.
- Acted for Magna International Inc. in the preparation of template construction contracts, including CCDC 5B contracts, for use on their projects in Canada.
- Retained by an Ontario municipality to prepare a custom-drafted stipulated price contract for use in construction of a new recreational facility and to otherwise provide support during the procurement process for and construction of the project.
- Acted for The Hospital for Sick Children for the drafting and negotiation of various construction contracts.
- Acted for a Canadian cold storage and refrigerated food storage company in the drafting and negotiation of a CCDC 2 contract for construction of a new cold storage facility.
- Acted for a large Canadian rooftop solar company for the drafting and negotiation of Master Equipment Supply Agreements (e.g., PV modules, racking and inverters), Design-Build Agreements, and Operation and Maintenance Agreements for many solar projects.
- Assisted in the preparation of template construction contracts, including CCDC 5B contracts, for use by various large Canadian Banks on their Canadian projects
- Advised service provider on drafting and negotiation of Services Agreement for Water Treatment Facility
- Advised owner-client on drafting and negotiation of Access Road, Crane Swing and Shoring Agreement against developer-neighbour with respect to development of various long-term care facilities
- Advised large industrial manufacturing owner-client on drafting and negotiation of various construction management agreements, draft template contract agreements and supplementary conditions, respecting renovation and construction of various industrial premises;
- Advised large residential owner-client on drafting and negotiation of Services Agreement for installation and dismantling of large temporary art exhibit; drafting event contract for use of same exhibit
Construction – P3 Projects
- Advised designer on Design Services Consulting Agreement in respect of P3 courthouse construction project
- Assisted in drafting and negotiating Design Services Agreement between joint venture and designer in respect of P3 transportation infrastructure project as part of successful bid package
- Act for a major Canadian engineering and management firm providing assistance with the drafting and negotiation of numerous agreements for the provision of professional services, including for P3 projects and large infrastructure projects.
Construction – Residential and Mixed Use Development Projects
- Acting for Parkbridge Lifestyle Communities Inc. / QuadReal Property Group, including in respect of its 27 hectare, 211-unit Craigleith Ridge residential community in the Town of the Blue Mountains, providing project advice and support across a range of development-related issues, including obtaining development approvals and permissions, construction phasing and development charges, conservation and environmental matters, real estate matters, utilities matters, the drafting and negotiation of a bespoke contract with the Town to facilitate construction of off-site drainage works, and a cost-sharing agreement respecting the sharing of costs and liabilities of this construction with benefitting landowners.
- Acting for Mattamy Homes Limited in the drafting and negotiation of various construction contracts and related agreements, including geothermal contracts
- Acted for affiliate of Dream Unlimited to draft and negotiate construction management (CCDC 5B) contracts for construction of residential and commercial buildings on certain blocks located in both Ontario and Quebec forming part of Dream’s Zibi Project – a complex 34-acre master planned community involving development of shoreline and islands on the Ottawa River located in Ottawa, Ontario and Gatineau, Quebec.
- Acted for Mattamy Homes Limited in the drafting and negotiation of the construction contracts and related agreements necessary for construction of sustainable residential developments including incorporation of a geothermal energy system.
- Acted for Westbank Projects Corp. for the drafting and negotiation of CCDC 5A, CCDC 17 and other associated contracts.
- Acted for Timbercreek Asset Management Inc. in the drafting and negotiation of development and construction contracts, including development agreements, cost sharing agreements, and CCDC contracts, for use on various residential development projects across Canada.
- Acted for an architectural firm in the drafting and negotiation of consultant agreements for the provision of design services for various mixed use development projects in Ontario.
- Advised large commercial purchaser-client with respect to delay claim in respect of major mixed-use development in the City of Toronto in the context of labour strike, stop work orders, and pandemic-related delays, with delay damages in the millions of dollars
Development and Land Use Planning
- Advise large industrial and institutional clients in respect of land use compatibility concerns respecting nearby development proposals involving sensitive uses, including:
- Magna International Inc.
- Atlantic Packaging Products Inc.
- Nitta Gelatin Canada Inc.
- IKEA Properties Limited
- Suncor Energy Products Partnership
- Represent and advise various individual and developer clients in respect of applications for site-specific planning permissions, or opposition thereof, including:
- Represent First Gulf Corporation, including in respect of its “403/6 Industrial Park” (project value $350M, +/- 2,000,000 sf first class industrial park) in Ancaster (City of Hamilton)
- Represent Carttera Management Inc. in respect of its 11260 Jane Street project (subject of MZO, project value $660M, +/- 1,500,000 sf industrial development) in the City of Vaughan
- Successfully assisting with representing various owner-clients in respect of applications for minor variance and severance at the Toronto Local Appeal Body; official plan amendments, and rezonings;
- Successful opposition on behalf of large owner-client of appeal of approval of Zoning By-law Amendment, and successfully negotiate settlement of appeal of site plan approval;
- Successfully represent owner-client in respect of motion to dismiss appeal by neighbour on the grounds of no valid land use planning issue raised;
- Represent various owner-clients in respect of applications for minor variance and severances, including with respect to:
- Obtaining reciprocal easements in respect of new developments on behalf of large developer owner-client and neighbour-developer;
- Obtaining severance (lot addition) on behalf of large industrial facility purchaser and easement over severed land benefitting vendor;
- Advise neighbour-clients on opposition and appeal rights in respect of land use applications by neighbour-owners;
- Advise clients with respect to zoning by-law and sign by-law requirements and compliance therewith, including, for example:
- Conduct zoning by-law analyses for acquisition of large portfolio of properties located in the City of Ottawa;
- Conduct zoning by-law analysis for various financial institutions respecting the opening of new branch locations;
- Represent owner-client in negotiation with neighbouring developer respecting land conveyances involving complex title; review, revise and negotiate co-operation agreements with neighbouring developer; advise owner-client with respect to fulfillment of obligations to City under Section 37 Agreement and other development agreements; review, revise and negotiate reciprocal easement agreement with City
- Advise large commercial purchaser-client on multi-million dollar purchase of stratified freehold commercial space in the City of Toronto with respect to: zoning by-law compliance, sign by-law compliance, review of development agreements respecting ongoing obligations
- Represent and advise the range of private, commercial, industrial and institutional landowners with respect to appeals of city-initiated official plan and zoning by-law amendments, including appeals in respect of:
- City of Toronto Official Plan Amendment No. 231 re: Employment Areas Lands;
- City of Toronto Official Plan Amendment No. 352 re: Tall Buildings Guideline;
- City of Toronto City-Wide Comprehensive Zoning By-law No. 569-2013;
- City of Toronto By-law No. 1111-2017 re: King-Spadina Heritage Conservation District;
- City of Toronto Official Plan Amendment No. 406 re: Downtown Secondary Plan;
- City of Toronto Official Plan Amendment No. 486 re: King-Spadina Secondary Plan;
- City of Mississauga Official Plan;
- City of Vaughan Official Plan (2010);
- City of Vaughan Official Plan Amendment re: Yonge Steeles Corridor Secondary Plan;
- City of Vaughan Official Plan Amendment re: Vaughan Mills Corridor Secondary Plan
