Picture of Duncan W. Glaholt (C.Arb)

Duncan W. Glaholt, (C.Arb)

Partner
dwg@glaholt.com
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Phone: (416) 368-8280 Ext: 218
Fax: (416) 368-3467

141 Adelaide St W
#800
Toronto, Ontario, Canada M5H 3L5


Canadian Legal Lexpert Directory


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Duncan W. Glaholt is the founder of the leading construction law firm Glaholt LLP. He has been named one of Canada's leading lawyers in the Construction Law category in the Lexpert/American Lawyer Media "Leading 500 Lawyers" in each year since inception. He is certified as a Specialist in Construction Law by the Law Society of Upper Canada.

Mr. Glaholt has practiced in the area of construction law since his call to the Bar of Ontario in 1979. Mr. Glaholt's advocacy practice covers a wide range of disputes in the energy, infrastructure development and resource extraction industries, including wind, solar and nuclear power, chemical and other plants, pipelines, refineries, power plants, road building and other projects of scale.

In addition to his practice as an advocate, he sits as a mediator, arbitrator, dispute review board chair, court appointed monitor and referee of construction industry disputes.

Mr. Glaholt is a co-author of the annual Annotated Construction Lien Act, now in its 21st edition (Carswell, 2016) and co-author of Halsbury's Laws of Canada's Construction and Alternative Dispute Resolution titles (Lexis-Nexis, 2008 and 2009) as well as The Law of ADR in Canada: An Introductory Guide (LexisNexis, 2011). Mr. Glaholt has also authored Conduct of a Lien Action, now in its 11th edition (Carswell, 2016), Construction Trusts (1998, Carswell) and Conduct of a Trust Action (Carswell, 2011). He is a co-author of Bristow, Glaholt, Reynolds and Wise on Construction, Builders' and Mechanics' Liens in Canada, 7th edition (Carswell, 2005).

Mr. Glaholt is an experienced mediator and chartered arbitrator and is widely published in this area as well.

Mr. Glaholt is an Adjunct Professor at the Faculty of Law, University of Toronto and the Osgoode Hall LL.M. program.

Education

J.D., University of Toronto, 1977

B.A., University of Manitoba, 1974

Duncan W. Glaholt (C.Arb)
Bar Admissions Ontario
Alberta
Professional & Bar Association Memberships

Chartered Arbitrator

Fellow, International Academy of Construction Lawyers

Past President and Fellow, Canadian College of Construction Lawyers

Fellow, Co-chair of International Committee, American College of Construction Lawyers

The Law Society of Upper Canada

Advocates' Society

Ontario Trial Lawyers Association

American Trial Lawyers Association

Representative Procurement Assignments
Public private partnerships in healthcare field

EPC retrofit of nuclear facilities

Large hydro-electric tunnelling project

Post-911 Airport retrofit
Representative Plaintiff's Cases (selected)
Mining Infrastructure Project, numerous ICC and other institutional arbitrations.

Pipeline Arbitration; design-build issue.

Heat Energy Systems litigation, ICC Arbitration, pulp and paper industry.

Multi-Density Fibre Board Plant: Claims on behalf of process equipment manufacturers and mechanical installers, representation of surety, settlement.

Oriented Strandboard Plant: Mechanical installation claim, defence of surety.

ICC Arbitration U.S. Theme Park Dispute: Co-counsel for Plaintiff in ICC arbitration, ongoing participation in US litigation/mediation regarding insurance disputes.

Various hydro-electric co-generation claims: Earth fill dam failures including litigation and mediation.

Acid Plant construction: Mechanical installation claim involving thin wall stainless steel piping, impacts of delay of owner supplied equipment, productivity claim.

Sulphur Dioxide Abatement Programme: Arbitration, litigation and settlement of several claims arising out of mechanical installation interference issues.

Food processing plant: Claims arising out of mechanical addition and upgrade to national brand food processing plant.

Toronto Skydome: Claim for additional compensation, involving retractable stadium roof and associated design/build mechanical and electrical drive systems. Member of litigation team and co-counsel through successful litigation, negotiation and settlement.
Representative Defendant's Cases (selected)
Mining Operation Arbitration: Claims run-off and arbitrations on mine development project in Northern Ontario. Six cases arbitrated/mediated and settled including two major mechanical contracts.

Various Co-generation Projects: Representation of owner/financier group in defence of contractor, subcontractor claims.

Landfill Gas Recovery Dispute: Litigation, mediation and settlement of $100 million dollar claim.

Phenolic Roof Claims: Litigation, mediation and settlement of several phenolic roof claims, including national airport and other sites.

Hot Strip Mill: Member of claims defence team for foreign design/build contractor of hot strip mill in Northern Ontario.

Water Treatment Plants: Representation of major privatised utility on a wide variety of issues, including significant litigation, arbitration and mediation arising out of water treatment plant construction and rehabilitation.

Infrastructure Claims:Representation of major utility in arbitration of sewer and water main construction claims.

Counsel to Federal and Provincial Superintendents of Insurance: Wind-up of two surety bonding companies; assemble team of counsel in all ten provinces; over 750 construction related claims over fifteen years.
ADR Publications

Mr. Glaholt has participated in alternative dispute resolution in a wide range of construction disputes, including institutional and ad hoc arbitrations. Mr. Glaholt holds a diploma from the College of International Arbitrators and maintains an active role in all aspects of A.D.R., and is well published in that area:


"Current Trends in Construction ADR", (JAMS Toronto, October 25, 2012)


“The Adjudication Option: The Case for Uniform Payment & Performance Legislation in Canada” (2006), 53 C.L.R. (3d) 8


“ICC Arbitration: A Model for the Resolution of Complex Disputes” (2003) 19:1 International Law Quarterly 4 (co-author)


D.W. Glaholt, Conduct of a Lien Action (Toronto: Carswell, 2004), Chapter 21, “Settling a Lien Action”


An ICC Model for the Resolution of Complex Construction Disputes (2002), 14 C.L.R. (3d) 173 (co-author)


Toward an Inquisitorial Model for the Resolution of Complex Construction Disputes (1998), 36 C.L.R. (2d) 159 (co-author)


Moderator: Canadian Institute, 7th, 8th and 9th Annual Construction Superconferences: “Mediate, Arbitrate or Litigate?”


York Communications: Construction Law Update 4; Recent Developments in Construction Law & Industry Practises: “Early Dispute Resolution: Let's Not go to Court – A.D.R. - A Midterm Report Card” and “Getting Paid – Unjust Enrichment & Quantum Meruit: How is it relevant to you?”.

Selected Published Books
Conduct of a Trust Action (Carswell , 2010)

Construction Builders' and Mechanics' Liens in Canada, Bristow, Glaholt, Reynolds & Wise, (Carswell, 2005)

Conduct of a Lien Action (Carswell, 2004, 2205, 2006, 2007, 2008, 2009, 2010, 2011, 2012 editions)

Construction Trusts, (Carswell, 1999)

Ontario Annotated Construction Lien Act, 1996, 1997, 1998, 1999, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012 editions (co-author)

Halsbury's Laws of Canada – Construction Law (Lexis Nexis Canada, forthcoming, 2007)

Bonds & Indemnities (Canada Law Book, 2002)

O'Brien's Encyclopaedia of Forms, 11th Edition, Building Contracts (Canada Law Book, forthcoming, 2007)
Selected Publications

"Made in Ontario" Statutory Adjudication (The 2017 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada)

Selected Published Papers

Arbitrator Questioning: Sphinx or Skeptic? (2016) Journal of the Canadian College of Construction Lawyers 81


The Future of Construction Law Ins't what it Used to Be, Canadian College of Construction Lawyers, San Francisco, CA, May 31, 2012.


The Adjudication Option: The Case for Uniform Payment & Performance Legislation in Canada (2006), 53 C.L.R. (3d) 8


Veltri Metal Products: The Death of Minneapolis-Honeywell? (2006), 48 C.L.R. (3d) 171


Buying Free of Lien Claims – The Home Buyer Provisions of the Construction Lien Act (2004), 27 C.L.R. (3d) 16


Deconstructing Construction Liens, in Special Lectures 2002: Conquering the Complexities (Law Society of Upper Canada, 2002)


An ICC Model for the Resolution of Complex Construction Disputes (2002), 14 C.L.R. (3d) 173


Toward an Inquisitorial Model for the Resolution of Complex Construction Disputes (1998), 36 C.L.R. (2d) 159 (co-author)


Overhead Payments Out of Statutory Trust Monies(2000), 49 C.L.R. (2d) 36 (co-author)


Breach of Trust - Are You Exposed? (2000), 49 C.L.R. (2d) 228 (co-author)


Case Comment: Toro Aluminum Ltd. v. Revah (2000), 3 C.L.R. (3d) 6 (co-author)


Book Review: Scott and Reynolds on Surety Bonds (1995), 19 C.L.R. (2d) 56


An Overdose of Remedy (1994), 13 C.L.R. (2d) 6

Selected Lectures

Mr. Glaholt is a frequent lecturer on construction topics, including construction claims, suretyship, insolvency, letters of credit, insurance and reinsurance issues. A selected list of recent conferences include:


“From Blueprints to Buildings: Legal Issues in the Construction Industry" University of Toronto Faculty of Law (November 16, 2006)


“Against the Odds, Risk and the Canadian Construction Industry” (November 13, 2006)


“What's there to Lien on?” Ontario General Contractors Association (September 29, 2006)


“Do's and Don'ts in Advising Claimants when Faced with or Asserting a Lien Claim” Canadian Institute, Litigating and Resolving Construction (September 28, 2006)


“Adjudication in the Construction Process” Ontario Bar Association (September 21, 2006)


"Cost-Plus Contracts” Law Society of Upper Canada, Construction Law Roundtable (September 19, 2006)


“The Limits of Contracts as a Risk Management Tool” Canadian Institute, Legal & Business Guide to Public Procurement (June 16, 2006)


“Construction Law 101: Five Easy Pieces” Construct Canada (November 30, 2005)


“Contract and Bond Claims” York Communications, Construction Law Primer (March 28, 2006)


“Sorting Out Whitby Landmark 14th Annual Construction Superconference (November 29, 2004)


“Conduct of a Lien Action – Five Lessons Learned From Pineau Construction Lien Primer, Ontario Bar Association (November 25, 2004)


“An Overview of Construction Liens (In Five Easy Pieces)” Leadership Development in Construction – Level 1, The Construction Institute – Toronto Construction Association (February 25, 2004)


York Communications: Construction Law Primers – Be Protected, Be Proactive – Panel presentation – Construction Liens (April 14, 2004)


The Construction Institute, (Toronto Construction Association), Leadership Development in Construction – Level I, Wrap Up of Case Study “Anatomy of a Disaster” (February 25, 2004) Course meets the TCA's gold seal standard


York Communications: Construction 2003, Bonds: What Good Are They? (December 3, 2003)


The Construction Institute, (Toronto Construction Association), Leadership Development in Construction – Level I, An Overview of Construction Liens (November 19, 2003) Course meets the TCA's gold seal standard


York Communications: Construction Law Update, “Construction Lien Primer” (October 9, 2003)


York Communications: Construction Law Update, “Construction Claims and Defence Primer – A One-Day course for the Construction Industry and Its Legal Advisors” (March 6, 2003)


Ontario Bar Association, Real Property Section Seminar, “Making Lunch Out of Lien Law” (January 23, 2003)


York Communications: Construct Canada, “Reconstruction with Litigation in Mind”, Panel Presentation (December 5, 2002)


York Communications: Construction Law Update, “Construction Liens – The Next Generation” (November 6, 2002)


York Communications: Construction Law Update, “Understanding the Implications of recent Court Decisions on Your Business” (October 9, 2002)


The Law Society of Upper Canada: “Six-Minute Construction Lawyer 2002”, Co-Chairman (May 15, 2002)


The Law Society of Upper Canada: Special Lectures, “Construction Lien Claims”, (April 18, 2002)


Canadian Institute Conference: “Construction Liens Conference, Managing Trust Funds- the New York Model”, (Chairman on March 6, and Speaker on March 7, 2002)


Law Society of Upper Canada: “The Return of the Six-Minute Real Estate Lawyer 2001: Buying Free of Lien Claims – The Home Buyer Provisions of the Construction Lien Act” (December 5, 2001)


York Communications: “Insolvency Strategies on Construction Claim: Section 68 Remedy and Revenue Canada Super-Priority” (October 2, 2001)


Osgoode Hall Law School of York University: The Essential Curriculum in Construction Law, “Three Key Courses, Before Construction … But Before the Dust Settles” (May 3, 4 and 7, 2001)


Canadian Institute: Annual Construction Superconference: Moderator, “Mediate, Arbitrate, or Litigate? Choosing the Best Method of Construction Dispute Resolution for Your Circumstances” (April 23-24, 2001)


Lorman Education Services: More Hot Topics in Ontario Construction Law “Recent Developments in the Law of Trusts” (April 5, 2001)


York Communications: Construction Law Update, “Construction Lien Primer – Lien FAQ's – Everything you wanted to know about construction liens, but were afraid to ask”, (March 29, 2001)


Law Society of Upper Canada: “Six Minute Construction Lawyer: The Defences to Breach of Trust Actions: We Spent all the Money” (December 1, 2000)


York Communications: Construct Canada 2000, Canada's Largest Building & Construction Show; Moderator: Challenges & Expectations of Buyers of Construction, Architects, Engineers and Contractors (November 30, 2000)


Law Society of Upper Canada: “The Six Minute Real Estate Lawyer: Payments for Operating Costs and Breach of Trusts- Construction Lien” (November 28, 2000)


York Communications: Construction Law Update # 6; Lien Law: Bad News for Owners, Good News for Trades. “Are your Personal Assets Safe”? Basic Rules of Law are under Attack Recent Developments on Construction Surety Bonds (October 25, 2000)


Canadian Bar Association: Drilling to the Core, Ten Essential Topics in Construction Law; Defending a Breach of trust Claim: “Is There a Way”? And Panel Discussion: Practice Tips and Pitfalls in Construction Law- “The Good, the Bad and the Ugly” (May 29, 2000)


Revay and Associates Limited: 30 Years of Construction Claims- “What have we learned”?; How Can Construction Lawyers Help Avoid Claims? (May 4, 2000)


York Communications, Construction Law Update 5: “Recent Developments in Construction Law & Industry Practices” (April 2000)


Annual Institute, Construction Law: Toward 2001: “Top Three Issues in Construction Trusts” (January 2000)


Lorman Education Services, Hot Topics in Construction Law Seminar: “Breach of Trust – Are You Exposed?” (January 2000)


Infonex, Construction Bidding and Tendering: Chaired (October 1999)


Canadian College of Construction Lawyers Annual Conference: “Overhead Payments Out of Statutory Trust Monies” (June 1999)


MCA Ontario, Annual Meeting / Conference: “Valuable Advice on Dealing with Construction Claims” (June 1999)


Canadian Institute, Annual Construction Superconference: “Managing Construction Litigation” (April 1999)


Revay & Associates, Construction Law Update 3: “The Five Most Important Issues in Lien Law Today” (March 1999)


Law Society of Upper Canada, Construction Liens Litigation Update: “Trust Claims and the Position of Banks” (March 1999)


Infonex, Constructlaw Canada, The Annual Conference Detailing Construction Practices and Legal Changes: “Protecting Yourself with Contract Terms” (January 1999)


Canadian Bar Association of Ontario, Construction Contract Round Table: “Execution of the Work” (December 1998)


Federated Press, Construction Risk Management Conference: “Damages in a Construction Setting” (November 1998)


Revay & Associates, Construction Law Update 2: “Design Build Contracts” (October 1998)


Canadian Bar Association of Ontario, Operation Update 1998: “Recent Developments in Construction Law” (September 1998)


Revay & Associates, Legal Alert! Construction Law Update: Key Issues for Architects, Engineers, Contractors: “Bidding and Tendering” (March 1998)