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This program is part of the OsgoodePD “Deconstructing Ontario’s New Construction Act” Series!

Ontario’s new Construction Act has overhauled construction law rules and has significantly changed the construction liens process. To avoid costly missteps, you must have a clear grasp of how to navigate the changes.

Developed for industry professionals and their advisors, this one-day intensive OsgoodePD program will give you a crucial overview of the new liens regime in Ontario along with practical strategies and tactics that you can immediately put to use when navigating your next lien matter.

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

  • 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 (2 liens)? 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 the new procedures under the Act:
    • Scott Schedules, Vetting Committee, Carriage and Salvage Costs
    • Pre-Trials and Settlement Meetings
    • Reports and Interim Reports
    • Consolidation orders and consecutive trials
    • How to get a trial management hearing outside of Toronto
  • To lien or not to lien? Assessing 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 Act and how to fill them in your contracts & subcontracts

PLUS! All participants will receive access to Ontario Construction Lien Fundamentals Online Primer – which will provide a succinct overview of lien fundamentals under the new law and includes a valuable tip sheet. This Online Primer is ideal for those who are new to liens in Ontario, or those who want a concise refresher – and it is available to view on demand and is mobile-friendly.

NOTE:  This program is the fourth in the OsgoodePD “Deconstructing Ontario’s New Construction Act” Series: Missed the live sessions? Programs are available on-demand and include 90-day access. Take advantage of bundled pricing for all four programs in this Series.

Faculty

Program Chairs:

  • Jason Annibale, McMillan LLP
  • Sandra Astolfo, WeirFoulds LLP

Program Advisor:

  • Geza Banfai, McMillan LLP

Faculty Includes:

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

Agenda

Fees

Fees include attendance, program materials, lunch and break refreshments.

Group Discounts and Financial Assistance

OsgoodePD offers group rates and financial assistance for both on-site and webcast formats.

Program Changes

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

Cancellations and Substitutions

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

Technical Support

In the event you experience technical difficulties, please contact opdsupport@osgoode.yorku.ca for assistance.

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 20, 2020
8:30 a.m. - 4:30 p.m. EDT
In-Person and Webcast

Online Replay 
April 30, 2020
Register for Online Replay
Register for Replay + Series Bundle 

Location

Osgoode Professional Development Centre,
1 Dundas St. W., 26th Floor Toronto, ON

Fee per Delegate

$595 + HST

Newly Licensed (2017-Present): $297.50 + HST

Bundle price for all 4 programs: $1,995 + 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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“Excellent. Knowledgeable and competent presenters.”

Don Dinnin, Vice-President, Procurement Services, Metrolinx

“Lots of good information [and] insights. All speakers were appropriate for and well informed on the topics of the program. I was very pleased with the [webcast] of the program – convenient and did not require any additional travel or accommodations.”

John Vanos, Manager of Project Management, Physical Resources, University of Guelph

“The speakers were uniformly excellent. Facilities were excellent.”

Troy Harris, Principal, Harris Arbitration

“Very good. How daunting this will all be for an industry better at building things than at process [and] costs will go up to implement all of this.”

Brian Swartz, Executive Legal Advisor, Aecon Group Inc.

“Very good. Useful content [and] well delivered.”

Peter-Paul Du Vernet, Counsel, Glaholt LLP

Hotels & Parking

If you require accommodations in downtown Toronto, OsgoodePD has arranged Corporate Rates with several hotels within walking distance of our downtown conference centre.

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