Jay Nathwani acts for owners, contractors and subcontractors in the litigation and arbitration of a wide variety of construction disputes, including lien claims and disputes related to construction and design deficiencies and delays, and claims on and against bonds. He has represented clients from all levels of the construction pyramid in a wide variety of complex matters, including disputes related to large public infrastructure projects and public-private partnerships.
Jay’s practice also involves acting in defence of professional negligence claims.
Jay has appeared before the Ontario Superior Court, the Ontario Divisional Court and the Ontario Court of Appeal.
Jay obtained his LL.B. from Dalhousie Law School in 2009, and was called to the bar in 2010. Prior to joining Glaholt LLP in 2013, Jay practiced litigation with a national firm in Toronto.
Jay is the former Vice-Chair of the Advocates’ Society Construction Law Practice Group, and is a member of the Construction Law and Civil Litigation sections of the Ontario Bar Association.Jay Nathwani
LL.B., Dalhousie University, 2009
M.A. (Political Studies), Queen’s University, 2006
B.A. (Hons.), University of King’s College/Dalhousie University, 2004
University of Toronto, Faculty of Law, 2018
Osgoode Hall Law School, 2018, 2016
George Brown College, 2014
Hydroelectric dam: For a general contractor against an owner in respect of various claims in the hundreds of millions of dollars on a major public infrastructure project.
Hotel development: For a general contractor in a $50 million lien action against the owner related to delay and wrongful contractual termination.
Canal lock refacing: For a general contractor against a public-sector owner.
Hospital renovations: For a subcontractor against a general contractor in lien actions and labour and material payment bond claims in respect of various hospital projects throughout Ontario.
Tunnel excavation: For a general contractor and surety in defence of breach of contract and bonding claims from a subcontractor.
Police station: For a general contractor in a delay claim against a public-sector owner on a P3 project, and in defence of claims from subcontractors.
Commercial office tower: For a general contractor in defence of a $20 million delay claim from a subcontractor.
Wastewater treatment plant and outfall tunnel: For a general contractor in defence of a tendering claim from a subcontractor.
Residential condominium development: For an owner in defence of lien claims from subcontractors.
Mixed-use condominium development: For an architect in a lien action against the owners.
Wastewater treatment plant: For a general contractor in a tendering claim against a public owner.
Hydroelectric dam: For a specialized subcontractor in a lien action and arbitration on a claim for delay against a general contractor, and in respect of the general contractor’s counterclaim.
Forensic facility: For a general contractor in a $20 million claim against a designer in respect of errors and omissions.
Subway extension: For a general contractor in an arbitration of a $10 million claim and $60 million counterclaim related to delays and deficiencies on a complex public project.
Hospital expansion: For a public-sector owner against a general contractor, architect and consultants in an action for deficiencies in design and construction.
Nuclear refurbishment: For an owner in defence of a defamation, tendering and negligence claim from an industry supplier.
Stubbe’s Precast Commercial Ltd. v. King & Columbia Inc., 2018 ONSC 995
Limen Structures Ltd. v. Brookfield Multiplex Construction Canada Limited, 2017 ONSC 5071
Limen Structures Ltd. v Brookfield Multiplex Construction Canada Limited, 2016 ONSC 5107
Advanced Construction Techniques v. OHL Construction (#2), 2014 ONSC 3763
Primo Paving & Construction Ltd. v. Prudential Elfa Management Group Inc., 2014 ONSC 7139
Canada Forgings Inc. v. Atomic Energy of Canada Limited, 2013 ONSC 6145 (Div. Ct.)
Canada Forgings Inc. v. Atomic Energy of Canada Limited et al, 2013 ONSC 5347
General Motors of Canada Limited v. Johnson, 2013 ONCA 502
Canada Forgings Inc. v. Atomic Energy of Canada Ltd., 2012 CarswellOnt 17464 (Sup. Ct. J.)
Do Not Skimp on the Details: Court of Appeal Throws Out Contractor's Claim due to Insufficient Backup (Reproduced with permission of the publisher LexisNexis Canada Inc. from Construction Law Letter, Vol. 32, No. 5, May/June 2016)
Change Is Bad: Navigating The New Website For The Daily Commercial News (Reproduced with permission of the publisher LexisNexis Canada Inc. from Construction Law Letter, Vol. 31, No. 5, May/June 2015)
Court Of Appeal Protects Ability Of Lawyers And Experts To Confer (Reproduced with permission of the publisher LexisNexis Canada Inc. from Construction Law Letter, Vol. 31, No. 4, March/April 2015)
Don’t Be Cruel: Court Skirts Lien Act Deadline ( Reproduced with permission of the publisher LexisNexis Canada Inc. from Construction Law Letter, Vol. 30, No. 4, March/April 2014)
Divisional Court Skirts Construction Lien Act Deadline: 1475707 Ontario Inc. v. Foran (Reproduced with permission of the publisher Canada Law Book from The Advocates’ Quarterly, Vol. 42, No. 4, March/April 2014)