Beyond the Lien Act - How to Effectively Address Non-Construction Issues Arising on a Construction Project (Archived Video Stream)

Nov. 16, 2011
Toronto Online


This is the archived version of a program presented on November 16, 2011.  This will not become available until 2 weeks after the orginal program date.  To order this format please click on the "REGISTER NOW" button.   If you prefer
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A focused discussion, for experienced construction law practitioners on key labour, health and safety, environmental, insurance and intellectual property issues that often arise during the course of a construction project.

Program Chair: Yonni Fushman, Division General Counsel and
Director of Risk Management, AECON

9:00 am Introductory Remarks

Yonni D. Fushman, Division General Counsel and Director of Risk Management, Aecon Group Inc.

9:10 am Occupational Health and Safety Issues and Risks
  • Allocation of OHS Risk within the construction contract - confirming constructor role, contractor roles, indemnification clauses
  • How courts will ignore your contract and the NOP - determining who is the "Constructor" as between GC and owner
  • Multiple constructors at the same project: applying for designation of projects, "time and space" separation of projects
  • The Blue Mountain Resorts decision and OHS obligations to report injuries to the public

Cheryl A. Edwards, Heenan Blaikie LLP

9:40 am Labour Issues
  • Applications for certification by construction industry trade unions. The "card-based" (automatic/no vote) system was re-introduced in 2005 - procedural and practical issues. What conduct is permissible by employers and trade unions? Analysis of the impact five years later.
  • Contracting and subcontracting issues for union and non-union general and specialty contractors, labour compatibility provisions in commercial construction contracts and agreements, working in the electrical power systems sector
  • Construction management, understanding the concept and variations, impact on collective bargaining obligations, what non-union contractors need to know

Walter R. Thornton, Matthews, Dinsdale & Clark LLP

10:10 am Insurance
  • Construction contract insurance and indemnity clauses from a tort litigator's perspective
  • Insurance at 10,000 feet and why an insurance section may be false security
  • Words and their implications to insurance and risk
  • Reconciling the indemnity clause to insurance
  • The role of the insurance broker in contract review

Jack C. Buitinga, Managing Director, Marsh Canada Limited
Larry P. Reimer, Blaney McMurtry LLP

10:40 am Break
10:55 am Environmental Issues
  • Soil movement and Reg 153/04
  • Noise, dust and runoff from construction projects
  • Contaminated sites and the remorseless spread of liability

Dianne Saxe, Ph.D., Saxe Law Office, Barristers & Solicitors

11:25 am Intellectual Property
  • Allocating IP rights in design - assessing who owns the work product and what can be done with it
  • Non-disclosure agreements - a look beyond the boilerplate to identify what is confidential and a strategy for compliance.
  • Indemnification for infringement of third party IP rights - limiting potential liability

Michele Kidd, Assistant General Counsel, exp Global Inc. - Brampton

11:55 am Ethics and Practice Management Issues
  • Duty to disclose Mary Carter agreements
  • Practice management pointers

Roger J. Gillott, Osler, Hoskin & Harcourt LLP

12:25 pm Questions
12:30 pm Concluding Remarks

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    For 1 to 3 Participants
    CBA Member: $145*
    Non-Member: $185*

    For 4 or more Participants
    CBA Member: $195*
    Non-Member: $250*
    E-Materials included in the registration fee
    *plus applicable taxes

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