Laura Brazil Photo
Laura Brazil Photo
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Laura Brazil is an accomplished litigation lawyer, known for her expertise in resolving construction, real estate, and complex commercial disputes. She has been lead counsel at all levels of court in Ontario and led teams in arbitrations and at the Ontario Energy Board. She is a member of the Board of Directors and the Governance Committee for the Toronto Lawyers Association and an active committee member for the Canadian Association of Women in Construction.

An experienced construction lawyer, Laura acts for clients in delay and cost overrun claims. Her mandates include residential and commercial, transportation, infrastructure, university, first nations, hospital, energy, and other major construction projects. She frequently gives advice on disputes arising from P3 projects. Canada’s top construction law journals have published her work, including the Daily Commercial News, the Construction Law Letter, and On-Site Magazine.

Laura’s real estate litigation practice includes representing developers and landlords. Laura has successfully obtained court orders requiring one of Canada’s most well-known retailers to pay rent during COVID-19, removing certificates of pending litigation, and defending security for costs motions totaling over $1 million, among others.

Drawing on her experience in hard fought disputes, Laura is a resolute advocate for her commercial litigation clients. She regularly acts in injunctions, shareholder disputes, breach of contract claims, employment and other commercial matters for businesses in a variety of industries.

 



Representative Matters

  • Obtained a court order requiring a major Canadian retailer to pay full rent to its landlord during COVID-19: Cherry Lane Shopping Centre Holdings Ltd. v Hudson’s Bay Company ULC Compagnie De La Baie D’Hudson Sri, 2021 BCSC 1178
  • Represented companies in shareholder dissent applications and related commercial disputes regarding non-payment of invoices and ownership of intellectual property
  • Acted for two Canadian chartered banks to defend various commercial and fraud claims
  • Guided several Canadian and American companies through the process of enforcing non-solicit and non-compete obligations against former C-Suite or management employees
  • Co-counsel to a group of owners in construction delay claims totaling over $100 million
  • Represented a manufacturer in a $3 million arbitration against a distributor based in a foreign jurisdiction
  • Defeated two concurrent motions for over $1 million in security for costs: 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
  • Co-counsel for an energy producer and an energy industry association in applications for leave to construct and policy hearings before the Ontario Energy Board
  • 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


News


Media Mentions


Directorships & Affiliations

  • Member of Board of Directors and Governance Committee Member, Toronto Lawyers Association
  • Outreach Committee Member, Canadian Association of Women in Construction
  • Division 1 Member, American Bar Association Construction Law Forum
  • Member, Ontario Bar Association Construction and Infrastructure Law Section
  • Member, Toronto Construction Association

Education & Admissions

2011
Called to the Ontario bar
2016
Construction Law CertificateOsgoode Hall Law School
2010
JDWestern University
2007
BA (Hons) EconomicsQueen's University

Publications

Insights (23 Posts)

Featured Insight

Commercial Leasing Update: Key Developments for Leasing Professionals

As we approach the end of the year, join McMillan's Commercial Real Estate Group on Tuesday, November 30th for an overview and round-up of key developments in leasing law in 2021.

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Tuesday, November 30, 2021
Featured Insight

Vaccine Mandates by Commercial Landlords: Are They Permitted and What Are the Risks?

In this bulletin, we address whether landlords have the right to implement a vaccine mandate and the risks arising from restricting tenants and their employees.

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Nov 12, 2021
Featured Insight

Doctrine of Spent Breach Can Override Lease Renewal Terms

A Tenant’s breach of a commercial lease did not prevent it from exercising an option to renew despite an express lease term to the contrary.

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Jul 13, 2021
Featured Insight

Commercial Leases During the COVID-19 Lockdown: Where are we Headed?

Ontario has also passed legislation to protect commercial tenants.

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May 17, 2021
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