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The Construction Lien Act: What is It? What are the Implications?
Credits: BOMI: 2 OAA: 1 Cost: $45
The Prompt Payment Act proposed in 2014 did not become law, but the issues that led to the introduction of this Bill remain a major item of concern to the construction industry. In the aftermath, the government committed to a review of the Construction Lien Act and this review has been launched. Now is the time for this 30 year old legislation to be modernized. All issues are on the table for discussion. Hear from three experts on what happened to the Prompt Payment Act, and what issues are likely to be at the forefront of this important review of how to improve the flow of payments on construction projects.
Glenn Ackerley, Partner at WeirFoulds LLP
With almost 25 years of experience, Glenn practices exclusively in the area of construction and procurement law, representing clients from across the construction industry — including public and private owners, contractors, subtrades, suppliers, and design consultants — in a variety of construction-related matters. He regularly advises on project structures, construction and consultant contracts, procurement issues, and risk-avoidance strategies, often in the role of the “project lawyer”. Glenn is a Fellow of the Canadian College of Construction Lawyers and has been recognized as a leading construction law practitioner in the Canadian Legal LEXPERT Directory, Best Lawyers in Canada, and Chambers Global. In terms of procurement, he has been named in the International Who’s Who of Public Procurement Lawyers, and the Chambers Global directory for Public Procurement for Canada. He is active in the construction industry, having been Chairman of the Board of the Toronto Construction Association, and currently serving on the Board of the Canadian Construction Association. He taught Construction Law at Ryerson University’s Department of Architectural Science for many years, and continues as an instructor at the Admission Course of the Ontario Association of Architects. Glenn speaks and writes regularly on construction and procurement matters for legal and industry conferences, seminars and publications.
Edward (Ted) Betts, Partner at Gowling Lafleur Henderson LLP
Ted Betts is a partner in Gowlings’ Toronto office. His practice focuses on corporate, construction and infrastructure transactions and projects. Ted is a Certified Specialist in Construction Law and has extensive experience in mergers and acquisitions, joint ventures, and large scale construction projects in the commercial, infrastructure, energy, cleantech and mining sectors. Ted has practised construction and projects law for nearly 20 years. He has developed specialized expertise in EPC/EPCM, design-build (DB/DBO/DBFO), construction management, RFP/tender and all other forms of construction contracts and procurement documents on large-scale office, plant, hospital, mining, and other infrastructure and development projects. Ted advises companies on their corporate development and growth, acquisitions and financings, as well as commercial activities and regulatory matters. He also advises large and small businesses on shareholdings, joint ventures, incorporation, corporate maintenance, dissolution and corporate finance, and has had significant involvement in restructurings and reorganizations, with significant experience in the financial services, private equity, technology and energy sectors.
Yonni Fushman, Vice President & Deputy General Counsel at Aecon Group Inc.
Yonni graduated cum laude from Boston University School of Law in 2001. In 2005 he joined Aecon, where he currently holds the position of Vice President and Deputy General Counsel. In that role, Yonni oversees Aecon’s 10 lawyer legal department and is involved with all legal and risk aspects of the business, including on urban light rail, nuclear refurbishment, mine site development and hydroelectric generation projects. Yonni is also chair of Aecon’s Commercial Risk Committee, an initiative he championed and which Canadian Lawyer Magazine recognized as the Innovation of the Year in 2016. Outside of Aecon, Yonni is vice chair of the OBA Construction and Infrastructure Law section, a co-founder of the Construction Sector In-House Counsel Forum, a co-director of Osgoode Hall’s Construction Law Certificate program, and a member of the Board of Directors of North York Arts.
Brendan Bowles, Managing Partner at Glaholt LLP
Brendan Bowles is the managing partner of Glaholt LLP in Toronto, and is certified by the Law Society of Upper Canada as a Specialist in Construction Law. Mr. Bowles acts for a variety of clients involved in construction including subcontractors and suppliers, general contractors, owners, design professionals, sureties and insurers. He has experience conducting motions and trials in the Ontario Superior Court of Justice, and appellate experience up to and including the Ontario Court of Appeal. Mr. Bowles graduated from Queen’s University with a B.A. in 1995 and an LL.B. in 1998, and was called to the Ontario Bar in 2000. In 2004 he was designated as an Associate in Canadian Surety Bonding by the Surety Association of Canada. From 2006 to 2009 he was Continuing Legal Education Liason for the Construction Law Section of the Ontario Bar Association, and from 2009 to 2012 he was co-editor of the Section newsletter, Nuts & Bolts. He continues to serve on the Construction Law Section Executive as Vice-Chair. Mr. Bowles was formerly a lecturer in construction law at Ryerson University and George Brown College and is currently a guest lecturer at the University of Toronto, Faculty of Law.