Construction Law Review: Adjudication & Prompt Payment

For more than 135 years, the Toronto Lawyers' Association, located within the Courthouse Library, has represented the interests of lawyers practising in the City of Toronto. The association was founded to support its members in three key areas: Knowledge, Advocacy, and Community. To uphold these pillars, the association offers a year-round mix of online and in-person education programs for lawyers, hosts both free and paid events to foster in-person networking, and submits advocacy pieces on behalf of its members to the Ontario bench and bar, all levels of government, and the broader public.

Karen is a partner at Dentons Canada LLP in our Construction, Litigation and Real Estate groups. Her practice includes negotiation and drafting of various types of construction documents on behalf of owners, general contractors and subcontractors as well as dispute resolution and litigation involving the awarding of contracts, various aspects of construction liens and disputes as well as related proceedings on behalf of owners, general contractors and subcontractors as well as mortgagees. Karen handles trust and bond claims, negligence claims and contract claims including claims relating to construction defects, product liability and other disputes such as professional negligence claims, engineers and architects liability cases. Karen has particular expertise in E-Discovery in the context of litigation matters as well as in the context of the preparation of records retention and records management policies. Karen is a founding member of the Sedona Canada Working Group on Electronic Document Retention and Production in Canada. Sedona Canada is a member of the Sedona Conference®, an internationally recognized nonpartisan law and policy think-tank based in Sedona, Arizona. She was also a member of the Electronic Discovery Sub-Committee of the Task Force on the Discovery Process in Ontario, which produced the Guidelines of the Discovery of Electronic Documents in Ontario. Karen is a member of the Ontario Bar Association Construction and Infrastructure Law Section executive. She is a member of The Advocates’ Society and has co-chaired Construction Advocacy Programs for The Advocates’ Society.

Chad is Certified as a Specialist in Construction Law by the Law Society of Ontario, and is a Certified Adjudicator under Ontario’s Construction Act. Chad’s strategic thinking helps his clients navigate the pitfalls of construction dispute, and leverage the special lien, trust and prompt payment remedies available to the construction industry. His clients appreciate the attention he gives to their claims. Chad represents all levels of the construction pyramid, from owners to material suppliers. He also represents secured lenders in priority disputes. Chad has experience in negotiating and drafting construction contracts, and his clients rely on his experience to properly structure their agreements. Chad is certified as an Adjudicator by ODACC (the Ontario Dispute Adjudication for Construction Contracts), the authorized nominating authority under the Construction Act. As an Adjudicator, Chad is tasked with establishing the procedure for Claimants and Respondents to submit their dispute to adjudication, carefully considering the parties’ positions, and coming to a timely determination that is ultimately enforceable by the courts. Chad is highly sought after and is frequently recommended by parties to act as Adjudicator for their construction dispute matters. Chad’s litigation experience extends to mortgage remedies, contract and shareholder disputes, and litigation under the Bankruptcy and Insolvency Act and the Companies’ Creditors Arrangement Act. He has appeared at all levels of court in Ontario helping his clients obtain and retain what is theirs. Chad reacts quickly, and has acted on injunctions and other applications to stop the misuse of confidential intellectual property, to freeze fraudsters’ assets, and to set aside transfers of real property pursuant to the Fraudulent Conveyances Act.

Andrea Lee is certified as a Specialist in Construction Law by the Law Society of Ontario. She is a partner of Glaholt Bowles LLP, a leading Canadian construction law firm. Andrea is a Fellow of the Canadian College of Construction Lawyers and past Chair of the OBA, Construction and Infrastructure Law Section. Andrea received her B. Arch from the University of Toronto, Faculty of Architecture and Landscape Design, and her LL.B. from Queen's University. Andrea acts for owners, design professionals, contractors, sureties and insurers in complex disputes arising from infrastructure, transit, healthcare, commercial, institutional and residential projects throughout Canada, with a focus on efficient and client-oriented resolution. Andrea also regularly advises clients with respect to construction contracts and design services agreements. Andrea teaches construction law at Queen's University and through the Osgoode LL.M program. She also guest lectures at the John H. Daniels Faculty of Architecture, Landscape and Design at University of Toronto. Andrea is a skills instructor at The Advocates' Society and speaks at programs offered by the Canadian and Ontario Bar Associations, North American Society of Construction Law, Royal Institution of Chartered Surveyors, American Bar Association, Ontario Association of Architects, and other industry organizations. Andrea has published articles and papers on Construction Law topics, including “One Person, Two Hats - The Dilemma of the Design Professional” (2020 JCCCL 51). She co-authored the chapter “Architects and Engineers” in Halsbury’s Laws of Canada, Construction and co-edited the text "Bidding and Tendering: What is the Law?" (6th edition). Andrea has completed her LEED certification and RICS Diploma in Construction Adjudication. She is a Board Member of Building Transformations (formerly CanBIM), and a member of the Royal Architectural Institute of Canada, Practice Support Committee. Andrea is a mentor to young lawyers through the Federation of Asian Canadian Lawyers and the OBA Mentorloop program. She has been recognized by Lexpert, Who's Who Legal, Chambers, Benchmark Litigation and Best Lawyers.

Ivan is a litigator, problem solver and trusted advisor. Cutting through legal complexity, he delivers pragmatic advice in times of conflict. Clients appreciate Ivan’s ability to understand their business, distill complex issues into understandable and impactful advice, and follow through with decisive action. During the course of his active litigation practice, Ivan has represented organizations and individuals before all levels of court in Ontario and in arbitration. His industry-focused practice resolves complex disputes in the sectors that drive Canada’s economic development, including power, mining, construction, real estate, technology and infrastructure. Clients value Ivan’s ability to rehabilitate distressed projects and recover when disaster strikes. Whatever issues cannot be resolved through negotiation, he litigates – either through the courts or specialized tribunals. Recent representative mandates include: (a) the successful arbitration of a large P3 infrastructure dispute for a manufacturer and supplier of light rail vehicles; (b) the resolution of a heavy industry subcontractor dispute on a northern Ontario hydroelectric project by way of mediation / arbitration (med/arb); (c) trial judgment in a real estate transaction dispute involving breach of trust and breach of fiduciary duty; (d) successful dismissal of twin actions alleging breach of contract failing to disclose a reasonable cause of action; and (e) counsel for other lawyers respecting alleged professional negligence. Ivan is committed to each client’s cause. By taking an entrepreneurial, creative and problem-solving approach to his practice, Ivan is able to stay on top of industry trends, offer a leading-edge perspective on his clients’ issues, and provide tailored solutions. He takes a passionate and engaged approach to his clients’ businesses, understands big picture strategy, and gives advice that empowers his clients’ definition of success. In addition to offering exceptional service on legal matters, Ivan shares with his clients a deep interest in future-focused, innovative, and project-related domains such as city building, urban design, PropTech, architecture, and the marriage of technology and infrastructure. Ivan has consistently demonstrated leadership in the legal profession. He currently serves as an executive member of the Ontario Bar Association’s Construction and Infrastructure Section and a board member of the Society of Construction Law North America.