Cases

• VIA Rail Canada Inc v Canadian National Railway Company and Attorney General of Canada

  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.

  Monique Jilesen, Paul-Erik Veel, Margaret Robbins, Nicole Naglie, Sam Hargreaves, Mackenzie Faulkner & Anna McAllister | December 12, 2024
• Patricia De Bartolo et al v Icona Developments

  Counsel to a condominium vendor, a real estate development company, the landowners, and an individual officer and director in an application brought by the purchasers of a condominium regarding the termination of the agreement of purchase and sale of units.

  Monique Jilesen, Andrew Parley & Alex Tuccillo | January 1, 2024
• Aecon v K+S Potash Canada GP and K+S Legacy GP Inc (Third Party Claim)

  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. 

  Matthew Sammon, Sarah Millar, Andrew Parley, Aaron I. Grossman, Kate Costin, Andrew Locatelli & Blerta Gjoci | January 1, 2024
• Crosslinx Transit Solutions v Ontario Infrastructure

  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.

  Matthew Sammon, Andrew Parley & Brianne Westland | January 1, 2024
• NORR Limited v Encon Group et al

  Counsel to an architecture firm in a coverage dispute with its insurer regarding a large scale construction project. 

  Nina Bombier, Sean Lewis & Keely Kinley | January 1, 2024
• VIA Rail Canada Inc v Canadian National Railway Company

  Counsel to Canadian National Railway Company in an application brought by VIA before the Canada Transportation Agency to impose a new contract on CN.  

  Monique Jilesen, Paul-Erik Veel, Margaret Robbins, Derek Knoke, Sam Hargreaves & Mackenzie Faulkner | June 2, 2023
• Confidential Arbitration

  Counsel to a general contractor in an arbitration relating to a major Ontario transit project.

  Andrew Parley, Brianne Westland & Sam Hargreaves | December 1, 2022
• 1107051 Ontario Ltd v GG Kingspa Enterprises Limited Partnership

  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.

  William C. McDowell, Sarah Millar, Brendan F. Morrison, Brianne Westland & Jonathan Mertz | July 4, 2022
• Crosslinx Transit Solutions Constructors v Form & Build Supply (Toronto) Inc

  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.

  Andrew Parley, Aaron I. Grossman, Brianne Westland, Drew Black & Shane Ramnanan | May 6, 2021
• Cameron Stephens Mortgage Capital Ltd v 1091369 Ontario Inc

  Counsel to a construction lender in an application to appoint a receiver.

  Peter Griffin, Jonathan Chen & Sean Lewis | January 1, 2021
• Crosslinx v Metrolinx

  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.

  Matthew Sammon, Andrea Wheeler, Jacqueline Chan, Andrew Parley, Scott Rollwagen, Christina Shiels-Singh & Paulina Goncalves | January 1, 2021
• Zurich Insurance Company Ltd v 2442931 Ontario Inc, Bondfield Construction Company Limited, John Aquino, Vasos Georgiou and Unity Health Toronto

  Counsel to Zurich in an action to rescind surety bonds worth nearly $300 million, and to recover over $68 million, due to collusion and misrepresentations in the bidding process for the St. Michael’s Hospital Redevelopment Project in Toronto.

  Matthew B. Lerner, Brian Kolenda, Jonathan McDaniel, Sarah Bittman, Scott Rollwagen, Sarah Millar, Jessica Kras & Christina Shiels-Singh | April 1, 2020
• Confidential Arbitration

  Counsel to a general contractor in an arbitration relating to the construction of a major Canadian transmission line.

  Andrew Parley & Andrea Wheeler | September 30, 2019
• Construction Arbitration

  Counsel to a general contractor in respect of a complex mediation/prospective arbitration process regarding a subway extension project.

  Matthew Sammon, Andrew Parley, Andrea Wheeler, Aaron I. Grossman, Scott Rollwagen, Sarah Millar & Christina Shiels-Singh | August 30, 2019
• Metropolitan Toronto Condominium Corporation No. 590 v Registered Orders

  Counsel to the Metropolitan Toronto Condominium Corporation No. 590 in an application addressing responsibility for repair and maintenance of fireplace systems in a downtown Toronto high-rise condominium building. Succeeded in application to have the condominium’s declaration amended to designate the chimney flues as exclusive use common elements.

  Eli S. Lederman & Kelly Hayden | July 25, 2019
• 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.

  Matthew Sammon, Sarah Millar, Andrew Parley, Aaron I. Grossman, Margaret Robbins, Kate Costin, Sean Lewis, Andrew Locatelli, Blerta Gjoci & Christina Shiels-Singh | January 1, 2019
• Re 144 Park Ltd

  Counsel to a purchaser in a successful proceeding to oppose a Construction Lien Act Trustee’s attempt to disclaim several agreements of purchase and sale.

  Matthew B. Lerner, Brian Kolenda & Madison Robins | July 15, 2018
• TSCC 2282 v Bay-Yorkville Developments

  Counsel to the defendant developer in proceedings alleging construction deficiencies in the construction of the Four Seasons Residences in Toronto.

  Matthew B. Lerner, Kate Costin, Jonathan D. Langley, Aaron I. Grossman & Megan Bradt | June 30, 2018
• Manga Hotels (Toronto) Inc v GE Canada Equipment Financing GP

  Counsel to GE Canada Equipment Financing GP in a dispute relating to the financing of a hotel construction project.

  Peter Griffin, Laura Robinson & Grace Tsakas | June 14, 2016
• York University v Markicevic

  Counsel to plaintiff University in a successful trial of an action arising from fraud by senior university executives in connection with construction and maintenance work.

  William C. McDowell, Dena N. Varah, Brian Kolenda, Laurel D. Hogg, Adam H. Kanji & J. Gwendolyn Ward | May 31, 2016
• De Muelenaere v Great Gulf Homes Limited

  Counsel to the defendant developer in a class action alleging breach of contract and negligence relating to the installation of plumbing fixtures.

  Monique Jilesen & Margaret Robbins | March 15, 2016
• Khavari v Mizrahi

  Counsel to a developer in a dispute relating to the construction and management of two condominium developments.  Successfully opposed a motion to compel the transfer of shares to the moving parties pursuant to an alleged trust, and opposed a motion to appoint an Inspector.

  Lawrence E. Thacker, Chris Kinnear Hunter & Christina Shiels-Singh | June 20, 2015
• DBDC Spadina Ltd v Walton

  Counsel to a series of companies in proceedings involving a receivership over commercial real estate developments and efforts to recover $110 million in funds improperly diverted.  The matter involved dozens of contested motions and several appeals on a variety of commercial, real estate issue and construction law issues, including at the Supreme Court of Canada on the issue of “knowing assistance” by corporate actors.

  Peter Griffin, Shara N. Roy, Paul-Erik Veel, Danielle Glatt, Christopher Yung, Madison Robins, Chloe Boubalos & J. Gwendolyn Ward | May 24, 2015
• Urbacon Limited v Henneberry

  Counsel to the plaintiffs in an action relating to the design and construction of a data centre.

  William C. McDowell & Lars Brusven | December 10, 2014
• DAT Villarboit Brantford LP v 2276844 Ontario Limited

  Counsel for Villarboit Holdings Limited in an application/counter-application to enforce rights under a series of contractual agreements relating to a real estate development project.

  Peter Griffin, Shara N. Roy & Laurel D. Hogg | July 30, 2001
• Tan-Jen Ltd v De Pede

  Counsel to the responding parties in contempt proceedings arising from an action relating to custom-built moulds for concrete pre-cast.

  Monique Jilesen & Margaret Robbins | July 1, 2001
• Moon v Milborne

  Counsel to the defendant GG Eight Cumberland Inc in connection with an action relating to a condominium development project in downtown Toronto.

  William C. McDowell | June 16, 2001
• Steelcon Fabrication v City of Oshawa

  Counsel to a steel manufacturer in a successful hearing before the Building Code Commission.

  Andrew Parley & Kim Nusbaum | June 15, 2001
• Middlesex Condominium Corporation No 229 v 1510231 Ontario Inc

  Counsel to a property owner in a dispute relating to a collapsed retaining wall consisting of gabion baskets.

  Lawrence E. Thacker & Sam Johansen | June 13, 2001
• Rafat General Contractor Inc v 565 Gordon Baker Road Holdings Inc

  Counsel to a general contractor in a claim under the Construction Lien Act.

  Andrew Parley & Kim Nusbaum | May 22, 2001
• ECMI LP v Baywood Homes Partnership

  Counsel to the development Empire Communities in a dispute relating to a joint venture for a large residential community development.

  Andrew Parley & Constanza Pauchulo | May 11, 2001
• 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.

  Andrew Parley & James S.S. Holtom | April 4, 2001
• Construction Arbitration

  Counsel to a provincial government agency in an arbitration relating to a province-wide construction project.

  Tom Curry & Andrew Parley | April 3, 2001
• Ontario Power Authority

  Counsel to the Ontario Power Authority in relation to the review of the construction and relocation of two gas plants by the Ontario legislature's Standing Committee on Justice Policy.

  Tom Curry, Monique Jilesen, Andrew Parley & Christina Shiels-Singh | April 1, 2001
• Peel Standard Condominium Corporation No. 776 v The Daniels Group Inc

  Counsel to SNC Lavalin in connection with a dispute relating to the construction of a condominium tower.

  Andrew Parley | February 11, 2001
• Construction Arbitration

  Counsel to a project manager in a series of disputes involving the design and construction of a mining project, including processing and power generation facilities.  These disputes involved complicated engineering, project management and construction issues.

  Andrew Parley | February 10, 2001
• Sobeys Capital Incorporated v Sentinel (Sherbourne) Land Corporation

  Counsel to a developer in connection with dispute relating to a large mixed residential commercial project.

  Mark Veneziano & Andrew Parley | February 9, 2001
• Niagara Escarpment Commission v The Joint Board

  Counsel for the successful respondent, Walker Aggregates Inc, in an application for judicial review of a decision of the Joint Board to grant conditional approval to Walker Aggregates to develop a quarry on land that falls within the Niagara Escarpment Plan area.

  Tom Curry & Ian MacLeod | February 4, 2001
• The State Group Inc v Quebecor World Inc

  Counsel to the defendant in a dispute relating to claims for liens under the Construction Lien Act in a large construction project.

  Lawrence E. Thacker | November 27, 2000
• Toronto (City) v WJ Holdings Ltd

  Counsel to a developer in a successful dismissal of an appeal by City regarding demolition permit issued by the Ontario Municipal Board.

  Dena N. Varah | September 20, 2000
• 2201334 Ontario Limited v One Bloor Street East Limited

  Counsel to owner/developer of landmark condominium project at One Bloor Street East in a complex debt restructuring, including successful defense of attempted pre-arranged sale by receiver to the purchaser of the mortgage debt.

  Lawrence E. Thacker | August 4, 2000
• McPherson v Scully

  Counsel to the successful plaintiff in a trial relating to a breach of contract regarding the construction of nursing homes in Ontario.

  Matthew Sammon | April 6, 2000
• Isobord Enterprises Inc v Stone &Webster Canada Ltd

  Counsel to a court-appointed receiver-manager in respect of a construction dispute.

  Eli S. Lederman | March 30, 2000
• Duffin Capital Corp v Ontario (Minister of Municipal Affairs and Housing)

  Counsel to a major land developer against the Province of Ontario in respect of a development planning area established under the Ontario Planning and Development Act.

  Alan J. Lenczner & Eli S. Lederman | February 15, 2000
• Corsica Developments Inc v Richmond Hill Naturalists

  Counsel to community organization on a request for review of an Ontario Municipal Board decision approving an Official Plan Amendment permitting residential development at the David Dunlap Observatory in Richmond Hill.

  Tom Curry | February 5, 2000
• R v Live Nation

  Counsel to Live Nation in defence of charges under the Occupational Health and Safety Act relating to the 2012 stage collapse at Downsview Park. This included a multi-week trial with an eventual stay of charges under s. 11(b) of the Charter of Rights and Freedoms, and appearing at the related Coroner’s Inquest. (Prior to joining Lenczner Slaght.)

  Aaron I. Grossman | January 30, 1999
• Transformer Explosion

  Counsel to an electrical utility in defence of a class action and property damage claim following an explosion of a transformer at a large apartment building. (Prior to joining Lenczner Slaght.)

  Aaron I. Grossman | January 29, 1999
• Professional Negligence Claim

  Counsel to an international engineering consulting firm defending a $20+ million claim of professional negligence relating to the design and construction of a courthouse. (Prior to joining Lenczner Slaght.)

  Aaron I. Grossman | January 28, 1999
• Green Building - Professional Negligence Defence

  Counsel to an engineering firm for claims related to the installation of green heating and cooling systems. (Prior to joining Lenczner Slaght.)

  Aaron I. Grossman | January 27, 1999
• Construction Lien

  Counsel for solar energy developer resulting in the registration of construction liens over approximately 20 properties and related contractual dispute with co-developer of the solar energy projects. (Prior to joining Lenczner Slaght.)

  Aaron I. Grossman | January 26, 1999