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Construction – Industry Engagements
- Retained by the Ontario Association of Architects (OAA) to assist with updating its industry standard form OAA 600 contract for architect’s services and OAA 900 contract for subconsultant’s services.
- Retained by the Association of Consulting Engineering Companies – Ontario (ACEC-ON) to assist with updating its industry standard form Client/Engineer Agreement for Professional Consulting Services in partnership with the Municipal Engineers Association (MEA).
- Assisted the Ontario General Contractors Association (OGCA) in working with the Ontario Association of Architects (OAA) to update their joint standard supplementary conditions to the CCDC 2 standard form contract.
Construction – Institutional Projects
- Retained by an Ontario municipality to prepare a custom-drafted stipulated price contract for use in construction of a new recreational facility and to otherwise provide support during the procurement process for and construction of the project.
- Acted for a trade contractor in the review and negotiation of its subcontract with the general contractor for the provision of steel stud, drywall and ceiling services for the Royal Columbian Hospital Redevelopment Project Phase 2 in New Westminster, British Columbia.
- Acted for The Hospital for Sick Children for the drafting and negotiation of a supply agreement and CCDC 14 design-build contract for the supply and installation of a new CT Scanner.
- Acted for The Hospital for Sick Children for the drafting and negotiation of an OAA-600 contract for the provision of architectural services for early works for Project Horizon, a significant campus redevelopment project being undertaken by SickKids in cooperation with the Ministry of Health and Long-Term Care over the next decade in the heart of Toronto’s downtown.
- Provided support and advice to a leading Canadian University in the issuance of its Request for Proposals for construction management services for a new campus building, including drafting of the CCDC 5B contract for inclusion in the RFP and negotiation of such contract with the successful bidder.
- Acted for a large Canadian Bank in the preparation of template construction contracts, including CCDC 5B contracts, for use on their projects in Canada.
Construction – Residential and Mixed Use Development Projects
- Acted for affiliate of Dream Unlimited to draft and negotiate construction management (CCDC 5B) contracts for construction of residential and commercial buildings on certain blocks located in both Ontario and Quebec forming part of Dream’s Zibi Project – a complex 34-acre master planned community involving development of shoreline and islands on the Ottawa River located in Ottawa, Ontario and Gatineau, Quebec.
- Acted for Metroview Developments Inc. in the drafting and negotiation of the construction contracts required for construction of its 15-storey, 204 unit mixed-use development at 8888 Yonge Street in Richmond Hill, Ontario, including consultant contracts for architectural design services, a construction management contract (CCDC 5A), and stipulated price construction contracts (CCDC 17).
- Acted for Mattamy Homes Limited in the drafting and negotiation of the construction contracts and related agreements necessary for construction of the Springwater community, a 312 home sustainable development in the City of Markham that will be one of the largest low-rise community developments in Canada to connect all houses to a geothermal energy system.
- Assisted with the drafting and negotiation of construction management (CCDC 5A), stipulated price construction contracts (CCDC 17) and other associated contracts for Westbank Project Corp.’s Mirvish Village development (including for future energy services at the development). Also provided support and advice in respect of issues arising during construction. Mirvish Village is an extensive redevelopment in Toronto’s iconic Bloor West/Annex neighbourhood at the former location of the landmark Honest Ed’s. The development has been planned as a mixed-use rental community and consists of 5 mixed use buildings ranging from 13 to 26 storeys in height. The development will involve the restoration of numerous historical buildings as well as the creation of new public green spaces and will create 916 rental units and over 225,000 square feet of retail, offices and community uses.
- Acted for Westbank Projects Corp. for the drafting and negotiation of CCDC 5A, CCDC 17 and other associated contracts and in respect of issues arising during construction for Westbank and Allied Properties REIT’s redevelopment of a heritage office building located at 19 Duncan Street in the City of Toronto’s Entertainment District for a 58-storey mixed-use building comprised of ground floor retail, hotel suites and rental apartments.
- Acted for Westbank Projects Corp. for the drafting and negotiation of CCDC 5A, CCDC 17 and other associated contracts and in respect of issues arising during construction for Westbank and Allied Properties REIT’s development of a 16-storey mixed-use building designed by renowned architect Bjarke Ingels and located at 489 King Street West in the City of Toronto.
- Acted for Timbercreek Asset Management Inc. in the drafting and negotiation of development and construction contracts, including development agreements, cost sharing agreements, CCDC 2 contracts and CCDC 5B contracts, for use on various residential development projects across Canada.
- Acted for an architectural firm in the drafting and negotiation of consultant agreements for the provision of design services for various mixed use development projects in Ontario.
- Acted for a concrete forming contractor in the review and negotiation of construction contracts, including CCDC 17 contracts, for various mixed use development projects in the GTA.
Construction – Industrial Projects
- Acted for Magna International Inc. in the preparation of template construction contracts, including CCDC 5B contracts, for use on their projects in Canada.
- Acted for a Canadian cold storage and refrigerated food storage company in the drafting and negotiation of a CCDC 2 contract for construction of a new cold storage facility.
Construction – Infrastructure and P3 Projects
- Act as counsel to a major Canadian engineering and management firm providing assistance with the drafting and negotiation of numerous agreements for the provision of professional services, including for P3 projects and large infrastructure projects.
- Assisted a major authority in successfully resolving construction delay and cost overrun disputes under a P3 agreement involving allegations of changed site conditions, severe weather, protest actions, and increased financing costs in respect of the construction of an underwater tunnel.
Construction – Energy Projects
- Acted for a leading steel stud, drywall and acoustic ceilings contractor in the review and negotiation of its subcontract with the general contractor for the new liquefied natural gas liquefaction facility and export terminal in Kitimat, British Columbia.
- Acted for an international electric utility company in the drafting and negotiation of turbine supply and turbine servicing agreements in support of their bid in SaskPower’s RFP for a 300MW wind farm.
- Acted for Mattamy Homes Limited in the drafting and negotiation of the construction contracts for geothermal work necessary for construction of the Springwater community, a 312 home sustainable development in the City of Markham that will be one of the largest low-rise community developments in Canada to connect all houses to a geothermal energy system.
- Assisted Westbank Project Corp. with the drafting and negotiation of a construction agreement for the energy system that will provide heating, cooling, electricity and domestic hot water for the Mirvish Village development.
- Acted for a large Canadian rooftop solar company for the drafting and negotiation of Master Equipment Supply Agreements (e.g., PV modules, racking and inverters), Design-Build Agreements, Remote Monitoring Agreements and Operation and Maintenance Agreements for hundreds of solar projects.
Development and Land Use Planning
- Acted for Durabody Industries Ltd. in appealing and achieving settlement before the Local Planning Appeal Tribunal of a neighbouring developer’s application for plan of subdivision approval in the Town of Bradford West Gwillimbury, including the securing of noise mitigation measures to protect facility longevity.
- Acted for 1477037 Ontario Limited in obtaining approval of a Regional Official Plan Amendment to permit rural employment uses on 60 acres of land located on Highway 47 in the Township of Uxbridge.
- Acted for Dulcina Investments Inc. and Sandra Mammone in obtaining approval of Official Plan Amendments and Zoning By-law Amendments for High Density Mixed Use Residential and Commercial Developments at 8940 and 9060 Jane Street in the City of Vaughan for a total of 2,864 units in 10 towers with heights ranging from 18-28 storeys.
- Acted for Amexon Development Corporation in obtaining approval of Zoning By-law Amendments for a High Density Mixed Use Residential and Commercial Development at 225 Jarvis Street for a total of 546 residential units and 177 hotel suites in a single 45-storey tower.
- Assisted Amexon Development and Heritage York Holdings Inc. in obtaining approval for a High Density Mixed Use Residential and Commercial Development on 1200, 1210 & 1200 Sheppard Avenue for a total of 1793 Residential units, 28,189 square feet retail and 136,000 square feet commercial office
- Assisted Lee Development in obtaining approval for a townhouse apartment development with 451 units
- Assisted Dunpar Developments Inc. in obtaining a Zoning By-law Amendment for 4390 Mississauga Road for a midrise, 65 townhome developments
Environment
- Acted as counsel to the Canadian Owners and Pilots Association in opposing the installation of 8 wind turbines in the Collingwood/Stayner Area, resulting in the first decision of the Environmental Review Tribunal where it was found that engaging in a renewable energy project in accordance with its renewable energy approval will cause serious harm to human health.
- Acted as environmental counsel to purchasers of impacted lands including advising in respect of conducting due diligence investigations, preparing remediation plans, obtaining Records of Site Condition (full-depth generic, background and risk-based), and negotiating agreements for purchase and sale.
- Acted as environmental counsel on the purchase of lands for re-development for industrial, commercial, office, residential and recreational uses.
