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Laura Brazil is an accomplished litigation lawyer, known for her expertise in resolving construction and real estate disputes. She assists owners and contractors in resolving cost and delay claims through litigation and arbitration. She also acts for real estate developers, landlords, and tenants in commercial and leasing disputes. Her energy practice includes applications to the Ontario Energy Board, policy hearings and court proceedings.

In addition to her focus on the construction, real estate and energy sectors, Laura maintains a broad commercial litigation practice in which she represents businesses in contract, employment and other commercial disputes.

Laura holds a construction law certificate from Osgoode Hall Law School. As of April 2021, Laura joined the Toronto Lawyers Association Board of Directors and also sits in the TLA Education Committee.



Representative Matters

  • Defeated two concurrent motions for security for costs seeking over $1.0 million in security by succeeding on a novel argument that unpaid holdback pursuant to progress draws signed by the owner represented a trust asset of the contractor, negating the need for security. Yuanda Canada Enterprises Ltd. v. Pier 27 Toronto Inc.2017 ONSC 1892.
  • Co-counsel to an exterior cladding contractor in lien, breach of trust, and breach of contract claims totaling over $30 million arising from the construction of two condominiums.
  • Defeated a motion for a certificate of pending litigation on behalf of a leading condominium developer.
  • Won a contested motion for the consolidation of related construction lien actions arising from a public transportation project. Unimac-United Management Corp. v. Cobra Power Inc., 2015 ONSC 208.
  • In a claim involving allegations of improper installation, acted as lead counsel for the installer.
  • Co-counsel to a window subcontractor in a claim involving alleged deficiencies and post-construction damage.
  • Represented an engineering firm in a dispute regarding unpaid extras and delays in three public works projects.
  • Co-counsel for an energy producer in its successful application for leave to construct from the Ontario Energy Board.
  • Represented a U.S. and Swedish company in two separate disputes involving alleged environmental contamination of land.
  • Acted as co-counsel for a Canadian chartered bank in several claims involving fraud.
  • Lead counsel to a Canadian financial institution in a claim regarding whether a mortgage was a fraudulent conveyance.
  • Lead litigation counsel for dissenting shareholders in an application under the Ontario Business Corporations Act.
  • Acted for an issuer in a claim arising from an alleged breach of an agreement to purchase shares and warrants.
  • Co-counsel to a manufacturing company in a dispute involving warehousing services and the duty of bad faith.
  • Obtained a full payment of outstanding invoices for a software company in a dispute over software coding services.
  • As co-counsel to a construction equipment supplier, obtained judgment for unpaid rental invoices. The decision was upheld on appeal to the Ontario Court of Appeal. ECA Canada Co. v. 9031-1671 Québec Inc., 2011 ONSC 5986 and 2012 ONCA 232.
  • As co-counsel to a human resources company, obtained summary dismissal of a lawsuit for breach of contract. Eagle Professional Resources Inc. v. MacMullin, 2013 ONSC 2501.

Speaking Engagements

Recreational cannabis and the job site: Overcoming the labour and legal challenges, National Heavy Equipment Show

March 2019

Media Mentions


Directorships & Affiliations

  • Member of the Toronto Lawyers Association Board of Directors
  • Ontario Bar Association Construction and Infrastructure Law Section
  • Ontario Bar Association Civil Litigation Section (Executive Member 2012-2013)
  • Toronto Construction Association
  • Advocates’ Society

Education & Admissions

2011
Called to the Ontario bar
2016
Construction Law CertificateOsgoode Hall Law School
2010
JDWestern University

Publications

Insights by Laura Brazil (19 Posts)

Featured Insight

Unscrambling the Egg: New Guidance for Assessing Concurrent Delay on Construction Projects

A recent Ontario court decision provides new guidance on how to assess responsibility for concurrent delays in construction projects.

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Mar 10, 2021
Featured Insight

Best practices for commercial landlords facing tenant insolvencies (adapted to the Province of Québec)

Many commercial landlords are increasingly alarmed that COVID-19 may cause a surge in tenant bankruptcies or restructurings.

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Feb 16, 2021
Featured Insight

Best Practices for Commercial Landlords Facing Tenant Insolvencies

Many commercial landlords are increasingly alarmed that COVID-19 may cause a surge in tenant bankruptcies or restructurings.

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Feb 4, 2021
Featured Insight

Round 2: Ontario State of Emergency Again Restricts Construction

Essential construction activity during second state of emergency in Ontario.

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Jan 15, 2021
Featured Insight

McMillan’s Employment and Labour Webinar

This annual workshop addresses significant legal developments and provides practical advice on responding to employee issues.

Details
November 10, 2020 - 11:30 am to 1:30 pm
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

Construction Trusts Can Apply to Funds Received by CCAA Monitor: the Court of Appeal’s Decision in Urbancorp

There is good news from the Ontario Court of Appeal for contractors dealing with insolvent owners

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Jul 13, 2020
Featured Insight

Construction Law Seminar and Webcast: Ontario’s New Construction Act

Ontario’s new Construction Act is now in force – What does this mean for my business and what practices do I need to change?

Details
April 11, 2019 - 8:00 am to 9:45 am
Featured Insight

Bill 57 – Clarity on When the New or Old Construction Act Applies

On July 1, 2018, the first portions of the new Construction Act (the “CA”)[1] came into effect. Section 87.3 of the CA contains transition provisions that state when the new or old version of the CA applies.

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Jan 23, 2019

Is your site ready for recreational cannabis?

Existing workplace policies will need to be adjusted when recreational cannabis becomes legal in Canada on October 17, 2018.

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Sep 5, 2018
Featured Insight

Anticipatory Repudiation in Real Estate Deals: Can You Terminate if the Other Party Will Breach the Agreement of Purchase and Sale?

Agreements of Purchase and Sale in real estate transactions typically state what happens when a party breaches its terms. However...

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Jul 6, 2018
Featured Insight

Minimizing Risks Arising from the New Construction Lien Amendments

On July 1, 2018, the first set of amendments to the Construction Lien Act[1] (the "CLA") will come into effect. Although there are transition provisions

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Jun 19, 2018
Featured Insight

No Security for Costs for Defendants With Trust Funds

No Security for Costs for Defendants With Trust Funds

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May 1, 2017
Featured Insight

No Construction Liens on Foreign Government Land in Ontario

No Construction Liens on Foreign Government Land in Ontario

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Mar 1, 2017
Featured Insight

Contractors May Be Liable in Breach of Trust Actions for Interest and Costs

Contractors May Be Liable in Breach of Trust Actions for Interest and Costs

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Feb 27, 2017
Featured Insight

Subcontractors May Unknowingly Lack General Lien Rights

Subcontractors May Unknowingly Lack General Lien Rights

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Nov 3, 2016
Featured Insight

Contractors’ Duty to Seek Payment Under Provisional Payment Clauses

Contractors' Duty to Seek Payment Under Provisional Payment Clauses

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Apr 28, 2016
Featured Insight

Subcontractors’ Breach of Trust Actions – Time May Be Shorter Than You Think

Subcontractors' Breach of Trust Actions – Time May Be Shorter Than You Think

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Apr 4, 2016
Featured Insight

Vicarious Liability: Restricted Use of Vehicles Will Not Shield Owners from Liability

Vicarious Liability: Restricted Use of Vehicles Will Not Shield Owners from Liability

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Sep 14, 2015