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The laws and rules governing construction liens in Ontario are highly technical, complex and constantly changing. In order to avoid costly missteps – you must keep current on the latest updates and best practices.

Developed for industry professionals and their advisors, this one-day OsgoodePD program will give you a comprehensive overview of the crucial elements and changes affecting construction liens processes in Ontario.

You will learn from an expert multi-disciplinary faculty, including perspectives from decision-makers. You will work through the lien trial process, obtain valuable resources, discuss best practices, and understand which tactics to use – or avoid – in your lien matters.

  • When do liens arise? When do they expire?
  • How to recognize and differentiate the various types of liens
  • Understand the mechanics of how to preserve, register and give a lien – including vacating, discharging and perfecting
  • What is the liability for exaggerated liens?
  • Troubleshooting tips – what to do when there are two subcontracts issued to one trade? Federal land?
  • The mechanics & anatomy of a lien action in Ontario:
    • The class-action like nature of a lien proceeding – includes references and discovery
    • How to set a lien down for trial – and appreciating what this means
  • Understanding how to navigate new rules and laws and conflicts
  • How to get a trial management hearing outside of Toronto
  • To lien or not to lien? How to assess the legal and strategic considerations, including:
    • Interplay between liens and adjudication
    • Relationships in the construction industry and related dynamics
    • Alternatives to liens (other security and dispute resolution procedures)
    • Deciding whether to lien or not after losing at adjudication
    • Monetary limits and minimums – are there amounts too small for a lien?
    • What to do when CRA gets involved?
  • Understanding what’s truly a lienable service, including:
    • What’s the difference between a capital repair and maintenance?
    • Can construction managers have liens in Ontario?
    • What about design professionals?
    • Liens from union workers?
    • Oddball and other liens, including the non-lienable
  • Identify gaps in the law and how to fill them in your contracts & subcontracts

Faculty

Program Chairs & Advisor

  • Jason Annibale, Partner, McMillan LLP
  • Sandra Astolfo, Partner, WeirFoulds LLP
  • Geza Banfai, Counsel, McMillan LLP

2020 Faculty Included:

  • Anna Esposito, Certified Specialist Construction Law, Partner, Pallett Valo LLP
  • Paul Hancock, Partner, Goldman Sloan Nash & Haber LLP
  • Robert (Rob) Kennaley, Partner, Kennaley Construction Law
  • Edward Lynde, Associate, McLauchlin & Associates
  • Lea Nebel, Partner, Blaney McMurtry LLP
  • Darcia Perry, Associate, McLauchlin & Associates
  • Theodore (Ted) Rotenberg, Burstein Rotenberg Berk LLP
  • Master Charles Wiebe, Ontario Superior Court of Justice

Agenda

Fees

Fees include online attendance, electronic program materials, and 120-day access to program archive.

Program Changes

We will make every effort to present the program as advertised, but it may be necessary to change the date, location, speakers or content with little or no notice. In the event of program cancellation, York University’s and Osgoode Hall Law School’s liability is limited to reimbursement of paid fees.

Cancellations, Rainchecks and Substitutions

Substitution of registrants is permitted at any time. If you are unable to find a substitute, a full refund (less $75 administration fee) is available if a cancellation request is received in writing 14 days prior to the program date. No other refund is available.

FAQs

Have a question? Read our FAQs.

Program Details

Questions on program registration?
Please contact the Registration Team at osgoodepd@osgoode.yorku.ca

Questions on the program content?
Please contact the Program Lawyer:
Alexandra Karacsony at AKaracsony@osgoode.yorku.ca

Program Details

Date & Time

February 22, 2021
9:00 a.m. – 5:00 p.m. EST

Online Replay
April 9, 2021
Register for Online Replay

Location

Online - Live, interactive

Fee per Delegate

$595 + HST

Newly Licensed (2018-2021): $297.50 + HST

Register Now

Printable Registration Form

Eligible CPD Credit Hours

Questions?

Who Should Attend

  • Construction and in-house lawyers
  • Litigation and real estate lawyers
  • Municipal, government and procurement professionals
  • Owners and developers
  • Builders and construction professionals
  • Project managers
  • Contract managers
  • Architects
  • Engineers
  • Business and finance professionals
  • Insurance professionals Consultants

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