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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 and is a member of the Toronto Lawyers Association 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

  • Toronto Lawyers Association Education Committee
  • 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 (17 Posts)

Best Practices for Commercial Landlords Facing Tenant Insolvencies

Feb 4, 2021

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

Round 2: Ontario State of Emergency Again Restricts Construction

Jan 15, 2021

Essential construction activity during second state of emergency in Ontario.

McMillan’s Employment and Labour Webinar

Nov 10, 2020

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

No Longer the Wild West: Alberta’s New Prompt Payment and Construction Lien Act and What You Need to Know

Nov 9, 2020

No Longer the Wild West: Alberta's New Prompt Payment and Construction Lien Act and What You Need to Know

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

Jul 13, 2020

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

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

Apr 11, 2019

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

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

Jan 23, 2019

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.

Is your site ready for recreational cannabis?

Sep 5, 2018

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

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

Jul 6, 2018

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

Minimizing Risks Arising from the New Construction Lien Amendments

Jun 19, 2018

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

No Security for Costs for Defendants With Trust Funds

May 1, 2017

No Security for Costs for Defendants With Trust Funds

No Construction Liens on Foreign Government Land in Ontario

Mar 1, 2017

No Construction Liens on Foreign Government Land in Ontario

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

Feb 27, 2017

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

Subcontractors May Unknowingly Lack General Lien Rights

Nov 3, 2016

Subcontractors May Unknowingly Lack General Lien Rights

Contractors’ Duty to Seek Payment Under Provisional Payment Clauses

Apr 28, 2016

Contractors' Duty to Seek Payment Under Provisional Payment Clauses

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

Apr 4, 2016

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

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

Sep 14, 2015

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