Construction and Infrastructure
Defamation and MediaCases
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Counsel to Canadian National Railway Company responding to a judicial review brought by VIA Rail Canada Inc. in the Federal Court of Canada. Successfully brought a motion to strike the judicial review without leave to amend on the basis that CN is not a judicially reviewable decision-maker and the Federal Court did not have jurisdiction over the dispute.
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Counsel to Aecon in a third party claim against Aecon relating to alleged design and construction deficiencies in the process plant for a $4 billion solution potash mine in Saskatchewan.
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Counsel to Crosslinx against Infrastructure Ontario and Metrolinx in an application pertaining to the Eglinton Crosstown LRT. The application sought declaratory relief with respect to the interpretation of the Project Agreement between the parties.
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Counsel to an architecture firm in a coverage dispute with its insurer regarding a large scale construction project.
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Counsel to Canadian National Railway Company in an application brought by VIA before the Canada Transportation Agency to impose a new contract on CN.
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Counsel to a general contractor in an arbitration relating to a major Ontario transit project.
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Counsel to Great Gulf in a large commercial dispute involving the development of two large condominium projects in the heart of downtown Toronto. Great Gulf successfully resisted the Plaintiffs’ motion to strike claims for repudiation made in Great Gulf’s counterclaim.
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Counsel to Crosslinx Transit Solutions Constructors in a successful motion to declare a lien from a sub-subcontractor expired. The decision was the first to consider and apply the transition provisions in the Construction Act, R.S.O. 1990, c. C.30 to the time limit to register a lien.
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Counsel to a construction lender in an application to appoint a receiver.
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Counsel to Crosslinx Transit Solutions Constructors in an application against Metrolinx and Ontario Infrastructure (HMQE) in relation to HMQE’s failure to declare an emergency as a result of the COVID-19 pandemic. Crosslinx is a design and construction consortium established to deliver and maintain the Eglinton Crosstown LRT, the second largest Canadian transit infrastructure project. We successfully resisted a motion to stay and succeeded entirely on the application to obtain contractual relief due to the pandemic. This is notable as it may have broader implications for other P3 Projects across the province of Ontario.
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