Published Papers

TITLE:

Court Of Appeal Decision On Arbitrability Consistent With National Standards

PRESENTED / PREPARED BY:

Michael Valo

OTHER NOTES:

Reproduced with permission of the publisher LexisNexis Canada Inc. from Construction Law Letter, Vol. 33, No. 4, March/April 2017


TITLE:

"Made in Ontario" Statutory Adjudication

PRESENTED / PREPARED BY:

Duncan W. Glaholt
Markus Rotterdam

OTHER NOTES:

The 2017 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada


TITLE:

Pricing Lump Sum Deletions: Principles and Guidance

PRESENTED / PREPARED BY:

Michael Valo
Brennan Maynard

OTHER NOTES:

Construction Law Letter, Vol. 33, No. 2


TITLE:

CCAA Proceedings and Project Bank Accounts

PRESENTED / PREPARED BY:

John Margie

OTHER NOTES:

The 2016/2017 LEXPERT® CCCA/ACCJE Corporate Counsel Directory and Yearbook.


TITLE:

Deferring to Arbitrators: The Right to be Wrong

PRESENTED / PREPARED BY:

Michael Valo

OTHER NOTES:

Reproduced with permission of the publisher LexisNexis Canada Inc. from Construction Law Letter, Vol. 33, No. 1, September/October 2016


TITLE:

Time at Large — Five Years Later

PRESENTED / PREPARED BY:

Lena Wang
Joshua Strub

OTHER NOTES:

Reproduced with permission of the publisher LexisNexis Canada Inc. from Construction Law Letter, Vol. 33, No. 1, September/October 2016


TITLE:

Tendering: The Proper Use of Alternative Price Credits in Evaluating Bids

PRESENTED / PREPARED BY:

Max Gennis

OTHER NOTES:

Reproduced with permission of the publisher LexisNexis Canada Inc. from Construction Law Letter, Vol. 32, No. 5, May/June 2016


TITLE:

Do Not Skimp on the Details: Court of Appeal Throws Out Contractor's Claim due to Insufficient Backup

PRESENTED / PREPARED BY:

Jay Nathwani

OTHER NOTES:

Reproduced with permission of the publisher LexisNexis Canada Inc. from Construction Law Letter, Vol. 32, No. 5, May/June 2016


TITLE:

Tendering: waiver of Compensation Clause Complete Answer to Claim

PRESENTED / PREPARED BY:

Markus Rotterdam

OTHER NOTES:

Reproduced with permission of the publisher LexisNexis Canada Inc. from Construction Law Letter, Vol. 32, No. 5, May/June 2016


TITLE:

Arbitrator Questioning: Sphinx or Skeptic?

PRESENTED / PREPARED BY:

Duncan W. Glaholt
Markus Rotterdam

OTHER NOTES:

(2016) Journal of the Canadian College of Construction Lawyers 81


TITLE:

Discovery of Experts in International Arbitration

PRESENTED / PREPARED BY:

Michael Valo


TITLE:

Court of Appeal Pulls Rug Out From Under Fraudsters

PRESENTED / PREPARED BY:

Joshua Strub
Brennan Maynard

OTHER NOTES:

Construction Law Letter, Vol. 32, No. 2, 2015


TITLE:

Trust Claims and Lien Claims Are Different Concurrent Remedies

PRESENTED / PREPARED BY:

John Margie

OTHER NOTES:

Construction Law Letter, Vol. 32, No. 2, 2015


TITLE:

Notice of a Labour and Material Payment Bond: Who Takes the Initiative?

PRESENTED / PREPARED BY:

Max Gennis

OTHER NOTES:

Construction Law Letter, Vol. 32, No. 2, 2015


TITLE:

Comstock Canada Ltd. (Re), A Model of Efficiency

PRESENTED / PREPARED BY:

John Margie

OTHER NOTES:

Journal of the Canadian College of Construction Lawyers 2015


TITLE:

Project Bank Accounts: Their Time has Come

PRESENTED / PREPARED BY:

John Margie

OTHER NOTES:

Reproduced with permission of the publisher LexisNexis Canada Inc. from Construction Law Letter, Vol. 31, No. 6, July/August 2015


TITLE:

Project Consultants: Experts on Site and Now in the Courtroom

PRESENTED / PREPARED BY:

Keith Bannon
Derrick Dodgson

OTHER NOTES:

Reproduced with permission of the publisher LexisNexis Canada Inc. from Construction Law Letter, Vol. 31, No. 6, July/August 2015


TITLE:

Court Stays Party’s Own Action in Favour of Arbitration

PRESENTED / PREPARED BY:

Lena Wang

OTHER NOTES:

Reproduced with permission of the publisher LexisNexis Canada Inc. from Construction Law Letter, Vol. 31, No. 6, July/August 2015


TITLE:

When Does A Proposal Turn Into A Contract?

PRESENTED / PREPARED BY:

Lena Wang

OTHER NOTES:

Reproduced with permission of the publisher LexisNexis Canada Inc. from Construction Law Letter, Vol. 31, No. 5, May/June 2015


TITLE:

Peace Of Mind As Part Of A Home Building Contract

PRESENTED / PREPARED BY:

Markus Rotterdam

OTHER NOTES:

Reproduced with permission of the publisher LexisNexis Canada Inc. from Construction Law Letter, Vol. 31, No. 5, May/June 2015


TITLE:

Change Is Bad: Navigating The New Website For The Daily Commercial News

PRESENTED / PREPARED BY:

Jay Nathwani

OTHER NOTES:

Reproduced with permission of the publisher LexisNexis Canada Inc. from Construction Law Letter, Vol. 31, No. 5, May/June 2015


TITLE:

Gross Negligence — Pronounced Dead 100 Years Ago, But Alive And Well

PRESENTED / PREPARED BY:

Markus Rotterdam

OTHER NOTES:

Reproduced with permission of the publisher LexisNexis Canada Inc. from Construction Law Letter, Vol. 31, No. 4, March/April 2015


TITLE:

Court Of Appeal Protects Ability Of Lawyers And Experts To Confer

PRESENTED / PREPARED BY:

Jay Nathwani

OTHER NOTES:

Reproduced with permission of the publisher LexisNexis Canada Inc. from Construction Law Letter, Vol. 31, No. 4, March/April 2015


TITLE:

The New IBC BIM Contract Appendix

PRESENTED / PREPARED BY:

Andrea W. K. Lee
Joshua Strub

OTHER NOTES:

Reproduced with permission of the publisher LexisNexis Canada Inc. from Construction Law Letter, Vol. 31, No. 3, January/February 2015.


TITLE:

The Proper Measure Of Damages For Contractor's Breach Of Contract

PRESENTED / PREPARED BY:

Markus Rotterdam

OTHER NOTES:

Reproduced with permission of the publisher LexisNexis Canada Inc. from Construction Law Letter, Vol. 31, No. 3, January/February 2015.


TITLE:

Pure Economic Loss: The Road to Danger

PRESENTED / PREPARED BY:

Markus Rotterdam

OTHER NOTES:

(2014) 30:5 Construction Law Letter 1


TITLE:

How Not to Instruct your Expert Witness

PRESENTED / PREPARED BY:

Markus Rotterdam

OTHER NOTES:

(2014) 30:6 Construction Law Letter 9


TITLE:

Building Information Modeling— Canadian Developments

PRESENTED / PREPARED BY:

Andrea W. K. Lee
Brennan Maynard

OTHER NOTES:

Reproduced with permission of the publisher LexisNexis Canada Inc. from Construction Law Letter, Vol. 31, No. 2, November/December 2014


TITLE:

Multi-Tier Dispute Resolution Clauses: A View From Ontario

PRESENTED / PREPARED BY:

Michael A. Valo
Alexander D. Wilkes

OTHER NOTES:

Reproduced with permission of the publisher LexisNexis Canada Inc. from Construction Law Letter, Vol. 31, No. 1, September/October 2014.


TITLE:

Don’t Be Cruel: Court Skirts Lien Act Deadline

PRESENTED / PREPARED BY:

Jay Nathwani

OTHER NOTES:

Reproduced with permission of the publisher LexisNexis Canada Inc. from Construction Law Letter, Vol. 30, No. 4, March/April 2014


TITLE:

Divisional Court Skirts Construction Lien Act Deadline: 1475707 Ontario Inc. v. Foran

PRESENTED / PREPARED BY:

Jay Nathwani

OTHER NOTES:

Reproduced with permission of the publisher Canada Law Book from The Advocates’ Quarterly, Vol. 42, No. 4, March/April 2014


TITLE:

The Importance of Copyright in an Architect’s Works

PRESENTED / PREPARED BY:

Andrea W. K. Lee
Jennifer Li

OTHER NOTES:

Reproduced with permission of the publisher LexisNexis Canada Inc. from Construction Law Letter, Vol. 30, No. 3, January 2014.


TITLE:

Deterrence and Denunciation: Court of Appeal Sends Strong Message on Workers’ Safety

PRESENTED / PREPARED BY:

Michael Valo

OTHER NOTES:

Reproduced with permission of the publisher LexisNexis Canada Inc. from Construction Law Letter, Vol. 30, No. 3, January 2014.


TITLE:

Introducing the New CLL Editor Markus Rotterdam

PRESENTED / PREPARED BY:

Markus Rotterdam

OTHER NOTES:

Reproduced with permission of the publisher LexisNexis Canada Inc. from Construction Law Letter, Vol. 30, No. 3, January 2014.


TITLE:

New Standard Form Contracts for Ontario Architects

PRESENTED / PREPARED BY:

Andrea W.K. Lee

OTHER NOTES:

Reproduced with permission of the publisher from Construction Law Letter, Vol. 29, No. 6, July/August 2013.


TITLE:

Dispute Review Boards

PRESENTED / PREPARED BY:

Joshua Strub
Safia Lakhani

OTHER NOTES:

(2013) Nuts & Bolts


TITLE:

Confidentiality in Construction Mediation after the Ontario Commercial Mediation Act, 2010

PRESENTED / PREPARED BY:

Markus Rotterdam

OTHER NOTES:

(2013), 20 C.L.R. (4th) 167


TITLE:

Owner has Right but No Duty to Investigate Bids for Non-Compliance

PRESENTED / PREPARED BY:

Markus Rotterdam

OTHER NOTES:

(2013) 29:4 Construction Law Letter 3


TITLE:

Litigation Following Arbitration Acceptable where Cause of Action is Different

PRESENTED / PREPARED BY:

Michael Valo

OTHER NOTES:

(2013) 29:4 Construction Law Letter 6


TITLE:

Settlement Agreement Makes no Reference to HST: Should HST be Added?

PRESENTED / PREPARED BY:

Michael Valo

OTHER NOTES:

(2013) 29:4 Construction Law Letter 7


TITLE:

Construction Resolution Utilizes Experts

PRESENTED / PREPARED BY:

Keith Bannon

OTHER NOTES:

The Lawyers Weekly, February 8, 2013


TITLE:

Delays: Thinking and talking about time-related risks

PRESENTED / PREPARED BY:

Duncan W. Glaholt

OTHER NOTES:

Fourth International Construction Law Conference, Melbourne (May 2012)


TITLE:

The Collaborative Settlement Process and its Application in Construction Disputes

PRESENTED / PREPARED BY:

Duncan W. Glaholt

OTHER NOTES:

JAMS Global Construction Solutions (Fall 2011, p. 5, co-authored with R. Bruce Reynolds)


TITLE:

Resolving Construction Disputes: Emerging Trends

PRESENTED / PREPARED BY:

Duncan W. Glaholt

OTHER NOTES:

Osgoode Professional Development (February 23, 2011)


TITLE:

Advanced Roundtable in Construction Law

PRESENTED / PREPARED BY:

Duncan W. Glaholt

OTHER NOTES:

Law Society of Upper Canada (September 2004, 2005, 2006, 2007, 2008, 2009, 2010)


TITLE:

OHSA Liability: Contractor/Constructor Liability Issues

PRESENTED / PREPARED BY:

Duncan W. Glaholt

OTHER NOTES:

BOMA Toronto (October 28, 2010)


TITLE:

Planning for Cost Uncertainty: Keep Your Profit when Prices Soar

PRESENTED / PREPARED BY:

Keith A. Bannon

OTHER NOTES:

( Fall 2010) Building Strategies 14


TITLE:

Re-Evaluating Your Surety Protection

PRESENTED / PREPARED BY:

Duncan W. Glaholt

OTHER NOTES:

Canadian Institute (June 15, 2010)


TITLE:

Tercon Contractors Ltd. v. British Columbia (Ministry of Transportation and Highways) (Case Comment)

PRESENTED / PREPARED BY:

Markus Rotterdam

OTHER NOTES:

Nuts & Bolts, Volume 24, No. 3, p. 2