Expertise
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Practice Areas:
- Bar Admissions:
- Education:
- University of Toronto (2007) JD
- McGill University (2003) B.Eng. (Mechanical Engineering)
Details
- Bio
- Cases
- Associations
- Blog Posts
- News & Media
- Publications & Presentations
- Recognition
Andrew Parley
"Andrew is a compelling and capable advocate with a reputation and track record that speaks for itself but he is also a brilliant strategist in a broader sense, embodying the wisdom of picking your battles while avoiding others." — Client Testimonial
Andrew's practice spans a diverse range of industries from energy to construction and infrastructure to securities and finance. Focusing on commercial litigation matters, he represents individuals, and businesses of all sizes. As a mechanical engineer by training, Andrew has a strong understanding of engineering and construction project management.
Some of the clients that Andrew has represented include Crosslinx Transit Solutions, Aecon, British Energy, 407 ETR, the Gupta Group, McDonalds Restaurants of Canada Limited, BMO Nesbitt Burns, SNC Lavalin Inc., and the Government of Canada. He has appeared before the Ontario Superior Court, the Ontario Divisional Court, the Ontario Court of Appeal, the Supreme Court of Canada as well as various administrative tribunals. Andrew has also been involved in several private, local and international arbitrations.
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Counsel to a general contractor in an arbitration relating to the construction of a major Canadian transmission line.
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Aecon Mining Construction Services v K+S Potash Canada GP
Counsel to Aecon in complex litigation involving multiple parties and claims, in respect of the Legacy potash mine and production facility in Saskatchewan.
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Counsel to a general contractor in respect of a complex mediation/prospective arbitration process regarding a subway extension project.
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2373480 Ontario Inc v Digreen Homes Vaughan Inc
Counsel to a land developer and home builder in connection with a dispute relating to a large residential community development.
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Tiger Calcium Services Inc v Clark Sazwan
Counsel to the Plaintiff, Parallel49 in an Alberta action relating to alleged misrepresentations during the purchase and sale of a calcium chloride plant.
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Icona Hospitality v 2748355 Canada Inc et al
Counsel to a major real estate development company on appeal in a dispute relating to a large residential development and the interpretation of a restrictive covenant agreement.
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Rovi Guides and TiVo Solutions v Bell Canada
Counsel to TiVo Solutions and its subsidiary Rovi Guides in a patent infringement action, involving patents relating to interactive television program guides, DVR technology, and related technologies.
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North Elgin Centre Inc v McDonald’s Restaurants of Canada
Counsel to the Appellant, McDonald’s, on a successful appeal at the Ontario Court of Appeal over the renewal of a commercial lease.
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Counsel for Mayor of Caledon in an application brought pursuant to the Municipal Conflict of Interest Act, which resulted in all allegations being dismissed.
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The Regional Municipality of Peel v MMM Group Limited
Counsel to SNC Lavalin in connection with a dispute regarding the construction of a water main in Peel Region.
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The Advocates' Society - Member-At-Large of the Construction Law Practice Group
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Canadian Bar Association
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Ontario Bar Association
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Pro Bono Law Ontario
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Law Help Ontario
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Ontario Court of Appeal Restricts Municipality’s Use of Interim Control By-Laws
In a recent decision, Hummel Properties Inc v Niagara-on-the-Lake (Town), the Ontario Court of Appeal affirmed that the Town of Niagara-on-the-Lake’s enactment of an interim control by-law (“ICBL”) was illegal. The decision, summarized below, has important implications for municipalities, developers, and builders across Ontario.
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Class actions against investment advisors? Don’t bet on it
Class actions are common in the financial services sector. The relatively low bar for certification of such claims as class proceedings means that many such claims are certified. Yet certification is by no means automatic: where the litigation will not be significantly advanced through the resolution of common issues, courts will typically be reluctant to certify an action as a class proceeding.
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Partial Summary Judgement: a tool used to simplify
In Bisquip Leasing Corporation v Coco Paving Inc, Bisquip Leasing Corporation [“Bishop”] brought a motion for summary judgment against Coco Paving Inc. [“Coco”] for unpaid invoices on various projects. Coco asserted a counterclaim against Bishop arising out of “deficient work” and an incident in which a gas line was allegedly struck by Bishop during excavation.
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Settlement in multi-party litigation is to be encouraged, as confirmed by the Supreme Court of Canada in Sable Offshore Energy Inc v Ameron International Corp. One common mechanism for achieving settlements in multi-party litigation is through what is commonly known as a Pierringer agreement. A Pierringer agreement allows the settling defendants to be released from the lawsuit with the non-settling defendants left exposed to their proportionate share of liability. Despite their popularity, the impact of a Pierringer Agreement on the remaining defendants and the continuing litigation is not always clear.
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Can an employee refuse reinstatement and still claim damages for wrongful dismissal?
It is well established that an employee who has been dismissed from his or her position has a duty to mitigate their damages by seeking reemployment. The central question is whether a reasonable person in the employee's position would have accepted the offer of employment.
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Bankruptcy won't shield debtor from Court's contempt powers
A fundamental purpose of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3 (the "Act") is the financial rehabilitation of the "honest but unfortunate" debtor. One way that this purpose is achieved is through the automatic stay of proceedings granted under section 69(1)(a) of the Act.
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Lenczner Slaght’s Litigation Excellence Recognized in 2023 Lexpert Directory
Following comprehensive peer review surveys and interviews with senior members in the legal profession, the 2023 Canadian Legal Lexpert Directory has recognized 31 of the firm’s expert litigators for their experience, knowledge, and precision, with 108 rankings spanning 17 practice areas.
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Lenczner Slaght Litigators Recognized Among the Best Lawyers in Canada
In the latest edition of Best Lawyers in Canada, 39 of our expert litigators are recognized by their peers for their expertise across 24 practice areas.
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Lenczner Slaght Litigators Elected to The Advocates’ Society’s Leadership
We are pleased to announce that Brendan Morrison, Christopher Yung, Paul-Erik Veel, Andrew Parley, Nina Bombier, and Anne Posno will be serving prominent executive positions at The Advocates’ Society, a preeminent organization dedicated to promoting effective advocacy and access to justice.
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The 2022 Lexpert Directory Recognizes Lenczner Slaght’s Litigation Excellence
31 of our expert litigators are recognized by their peers as the foremost practitioners across 18 fields.
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Lenczner Slaght Litigators Appointed to The Advocates’ Society’s Leadership
We are pleased to announce that Brian Kolenda, Andrew Parley, Shara Roy, Nina Bombier, Larry Thacker and Anne Posno have been elected to prominent leadership positions at The Advocates’ Society, a preeminent organization dedicated to promoting effective advocacy and access to justice.
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Lenczner Slaght Litigators Ranked Among Best Lawyers in Canada
In the latest edition of Best Lawyers in Canada, 37 of our expert litigators are recognized for their expertise across 25 practice areas.
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Benchmark Canada Recognizes Lenczner Slaght as a “Powerhouse"
Canada’s leading litigation firm continues to be recognized with the top tier ranking of “Highly Recommended in Ontario” for its Dispute Resolution practice.
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The 2021 Lexpert Directory Recognizes 30 Lenczner Slaght Lawyers
An increasing number of our expert litigators are recognized by their peers as the foremost practitioners in their fields.
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Best Lawyers in Canada Recognizes Lenczner Slaght’s Litigation Expertise
Lenczner Slaght is proud to announce that 33 of our expert litigators are recognized in Best Lawyers in Canada 2021. Our lawyers received a total of 128 rankings, up from 100 in 2020.
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Lexpert Highlights Lenczner Slaght’s Professional Excellence
Lenczner Slaght’s litigators continue to be recognized by their peers as the foremost practitioners in their fields.
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Lessons From Canada and the UK: Lien Reform and Adjudication
Andrew Parley moderated The Advocates' Society's Construction Law program "Lessons From Canada and the UK: Lien Reform and Adjudication" on everything you need to know about the construction legislative reforms coming to jurisdictions across Canada.
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Stop the Clock: Preserving Rights and Relationships Through Tolling Agreements
Andrew Parley and Drew Black co-authored the article "Stop the Clock: Preserving Rights and Relationships Through Tolling Agreements" which was published by On-Site Magazine. In this article, Andrew and Drew discuss the practical, cost-conscious solution of implementing a tolling agreement to defer a dispute when it arises.
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Construction Law Update: Legal Project Management
Andrew Parley was invited to speak at Canadian Lawyer's Construction Law Update on Legal Project Management. The panel will offer practical tips and strategies for construction lawyers on how to proactively manage a construction project from inception to completion.
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Stop or Go: The Role of Mandatory and Prohibitive Injunctions in Construction Projects
Andrew Parley authored the article "Stop or Go: The Role of Mandatory and Prohibitive Injunctions in Construction Projects" which was published by On-Site Magazine. In this article, Andrew discusses the legal remedies available to keep a construction project moving.
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Maximizing the Expert Witness in Civil Litigation
Andrew Parley shared his expertise at the OBA's Civil Litigation program on Maximizing the Expert Witness in Civil Litigation. Andrew presented on the panel "Dealing with Experts Remotely – the Virtual Trial."
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Managing the Cost, Risk, and Disruption of E-Discovery in Complex Litigation
Andrew Parley moderated the CCCA webinar on complex e-discovery projects. He shared his expertise on the best practices for successfully managing these projects, which can be long, complicated, expensive, and disruptive to the business.
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Benchmark Canada (2018-2023)
Litigation Star – Commercial, Construction, Energy, Securities
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Benchmark Litigation (2017-2019)
Under 40 Hotlist
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Best Lawyers in Canada (2020-2023)
Health Care Law, Medical Negligence
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Canadian Legal Lexpert® Directory (2020-2023)
Litigation - Corporate Commercial, Medical Negligence, Professional Liability
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Lexpert Special Edition: Canada's Leading Infrastructure Lawyers (2023)