Day 1 - Tuesday, January 24, 2017

Registration Opens and Refreshments are Served
Welcoming Remarks from The Canadian Institute
Opening Remarks from the Co-Chairs

Clive Thurston
Ontario General Contractors Association

Dražen F. Bulat
Miller Thomson

Keynote Address

Paul Jachymek
Senior Legal Counsel

Update on Construction Law: Examining the Latest Developments in Cases from the Past Year

Brendan D. Bowles
Managing Partner
Glaholt LLP

Patricia Skringer
Senior Counsel
Aecon Legal Department

By popular demand, this update provides a refresher on case law updates and the changing construction landscape in Eastern Canada. Learn from our experts on how the new legal developments, including an analysis of the proposed Construction Lien Act reform, will impact your company’s or client’s construction projects.

Networking Refreshment Break
Public-Private Partnerships (P3s) – Changing Canadian Infrastructure

Nicholas Gefucia
Legal Counsel, P3 and International Projects
EllisDon Corporation

“In Canada, over 100 infrastructure projects have been procured using P3s since the early 1990’s.” (Understanding Private-Public Partnerships in Canada) Join a lively presentation featuring case studies and implementation strategies, for an outline of the ways P3s are shaping the future of Canadian infrastructure and subsequently, construction projects and transactions.

Networking Luncheon for Delegates and Speakers
The Effectiveness of Cost Estimation and the Risk of Cost Overruns

Cory Estrela
Development Lawyer
Oxford Properties Group

Though multiple construction projects may possess similar qualities, each project can vary from the previous one in several degrees. A combination of environmentally challenged locations, emphasis on sustainable structures, and the size of the project can impact the accuracy of the cost estimate. This session will prepare businesses in managing and understanding cost estimate before, during, and after the construction project

  • Managing costs during the pre-construction period
  • Exercising due diligence with financial planning, accurate cost estimating, budgeting, and management
  • Accommodating for unforeseen environmental site conditions
  • Dealing with cost claim issues

Networking Refreshment Break
Pressing Issues Confronting the Canadian Construction Industry

Clive Thurston
Ontario General Contractors Association

Geza R. Banfai
McMillan LLP

1 PROFESSIONALISM HOUR   Learn from a leading expert in the industry on topical ethics issues, including ethical training for professionals, the accountability of professional bodies, better monitoring of public sector contracting, and understanding the direct link between compliance and its impact on a company’s success.

Issues with the Tendering Process in the Construction Industry

Rosa Mauro
Procurement, Construction and Infrastructure Lawyer
Miller Thomson LLP

Brian Watkinson
Strategies 4 Impact!

The law of bidding and tendering in Canada has evolved in recent years. These developments have both clarified and expanded the rights and obligations of those who participate in the tender process in Canada. Yet, this process, particularly for large projects, can be overwhelming and costly.

  • Advising Canadian companies on how to comply with case law surrounding tender
  • Mitigating cost during the tendering process and determining damages in an unfair tender case
  • Hearing suggestions on possible reform to the tendering process

Closing Remarks from Co-Chairs

Day 2 - Wednesday, January 25, 2017

Refreshments are Served
Opening Remarks from the Co-Chairs
PANEL DISCUSSION The Role of Underground Utilities in Construction Contracts

Conrad Sheppard
Legal Director
Toronto Hydro


Glenn W. Ackerley
WeirFoulds LLP

This popular session, initially explored in The Canadian Institute’s 2nd Annual Delivering Urban Transit Infrastructure program, will consider the challenges in managing buried utilities. Join our expert panel to discuss strategies for handling this underground risk and long term, sustainable solutions.

Networking Refreshment Break
Construction Contract Dispute Resolution – Collaborating with the Opposition in a Litigious Situation

Justin DeMerchant
SNC-Lavalin Constructors (Pacific) Inc.

Parties to a contract dispute must recognize the urgent need for collaboration and alternatives to litigation. This discussion will consider the needs of multiple stakeholders in resolving a contract dispute.

  • Learning how to use dispute resolution clauses in your construction contract(s) effectively
  • Relying on alternatives to litigation, such as mediation and arbitration
  • Best practices on settling your construction contract dispute and when to avoid litigation

PANEL DISCUSSION Risk Allocation and Insurance Issues

Steven D. Ness
Surety Association of Canada

Wasiu Omotoso
Legal Counsel – Alternative Financing, Procurement and PPP
The Walsh Group – Walsh Construction & Archer Western


Maurice Audet
Senior Vice President, Regional Resource Leader, Risk Research & Solutions
Aon Reed Stenhouse Inc.

The risk of contractor failure or default is one of the least appreciated but potentially the daunting of all risks inherent in the construction process. Failure to manage this risk effectively can have catastrophic consequences for project owners, subcontractors and suppliers. This session will focus on demystifying the inherent risks of the construction contract in:

  • Identifying the various types of surety bonds and their use by project owners to reduce the risk of contractor failure
  • Common myths around surety bonds as a risk mitigation tool
  • Identifying contract provisions for risk allocation
  • Assessment, mitigation, and management

Closing Remarks from Co-Chairs
Conference Concludes

*Lunch will be served to those attending the Post-Conference Workshop.