Speeches And Articles

Speeches And Published Articles Since 1978

ForumTopic
Ontario Bar Association The Mysteries of Mechanics Liens
Construction Specifications Canada Law and How it Applies to the Design Professional
Nova Scotia Bar Association The Liability of the Landlord under the Mechanics’ Lien Act
Oyez Construction Lien Act “Problems in Practice”
Oyez Managing the Risks of Construction Credit Bonds and the Law of Bonding – Recent Developments
Essex Law Association Parts VI, VII and VIII of the Construction Lien Act.
Law Society of Upper Canada Legal Opinions in Commercial Transactions.
Legal Education Society of Alberta Who is entitled to file a Builder’s Lien?
American Association of Cost Engineers Cost Engineering and Project Management.
Thermal Insulation Association of Canada Presentations-Liens
The Centre for Professional Education Statutory Holdback
Halifax Judges Association Contributory Fault in Construction Contracts
The Construction Lien Act:
The Centre for Professional Education Termination
Ontario Bar Association Construction Law Contracts Real and Perceived Problems in Practice - Apportioned Fault in Breach of Construction Contracts
Toronto Construction Association The Lien Process - Trust Funds.
Insight Educational Services Claims by Owners against Contractors
Young Lawyers Division Establishing the Breach of Trust Claim
Ministry of Transportation The Ministry of Transportation and Communications Creditors Payment Act
Ontario Bar Association Claims by Owners Against Contractors
Hamilton Construction Association The Mortgagees’ Position and the Trust Section
Adjusters Canada Payment Bond Limitation Periods
Construct Canada ‘88 Alternatives in Dispute Resolution
Canadian Bar Association Montreal Alternatives in Dispute Resolution
1988 International Public Works Congress Alternatives in Dispute Resolution
Daily Commercial News Claimant should notify surety on time
Daily Commercial News Outcome of Legal Dispute Eagerly Awaited (Good News for Low Tenderers)
Technical University Nova Scotia Impact Costs in Construction Claims and Chairman —Overview of Program Outline
Construct Canada ‘89 Convention Centre Bad Clauses I have known
Insight Educational Services Lowest Tender Not Necessarily Accepted
Ontario Bar Association Breach of Trust Claims
Alberta Bar Association The New Alberta Construction Lien Act
Ellis-Don Ltd. Construction Law Review
The Canadian Institute Damages Arising from the Bidding Process
Law Society of Upper Canada Maximizing Damages in Commercial Litigation:
The Expert Witness When to Hire, Where to Find, How to Benefit from the Expert’s Services before and at the Trial
Construction Law Letter Damages Arising from the Bidding Process
Insight Educational Services Damages Arising from the Bidding Process
Insight Educational Services Getting Value by Using Experts
The Canadian Institute Breach of Trust Claims
Ontario Bar Association Recent Developments in Construction Lien Litigation
Construct Canada ‘91 Alternative Methods of Dispute Resolution
Insight Educational Services Work Under Protest
Insight Educational Services Tips from the Experts
Ontario Bar Association Recovering Damages in Commercial Tort Litigation “Liability for Pure Economic Loss: Through the Looking Glass”
The Canadian Institute Breach of Trust Claims
Construction Law Letter Damages Arising from the Bidding Process
Canadian Hospital Engineering Society Damages Arising from the Bidding Process
Insight Educational Services Maximizing Damages in Commercial Litigation:
The Expert Witness, When to Hire, Where to Find, How to Benefit from the Expert’s Services Before and At Trial
Canadian Bar Association Annual Convention Damages Arising from the Bidding Process
Northern Ontario Teleconference Network Damages Arising from the Bidding Process
University of Toronto Faculty of Law Alternative Methods of Dispute Resolution
Municipal Electric Association Damages Arising from the Bidding Process
Ontario Sewer and Watermain
Contractors Association Quarterly
Contractors Liability for Errors in Tendering
Canadian Bar Association Institute Duties and Liabilities of Owners and Payers Under the Construction Lien Act
Canadian Bar Association Alternative Dispute Resolution in Action in Canada
Educational Program Innovations Centre Damages Arising from the Bidding Process
Insight Educational Services The New CCDC 2: Facilitating Dispute Resolution of Construction Project
Educational Technologies Company Alternative Methods of Dispute Resolution
The Canadian Institute Drafting the Contract to maximize Protection and Minimize Exposure
Educational Technologies Institute Challenging Government Contract Awards
Consulting Engineers of Ontario Alternative Methods of Dispute Resolution
Municipal Electric Association Damages Arising from the Bidding Process
Association des constructeurs de routes et grands travaux McMaster Meighen Damages Arising from the Bidding Process
The New CCDC-2
Canada Post Corp Alternative Methods of Dispute Resolution
Construction Law Breakfast Seminar Alternative Methods of Dispute Resolution
Educational Program Innovations Centre / U of T Continuing Engineering Education Program “Damages Arising from the Bidding Process”
N.A.W.I.C. National Association of Women in Construction “Resolution of Construction Claims; Litigation v. Arbitration”
Insight Information Inc. 7th Annual Construction Claims Course “Resolution of Construction Claims; Litigation v. Arbitration”
Construction Law Letter “The New CCDC 2: Facilitating Dispute Resolution Journal of Construction Projects”
The Arbitration and Dispute Resolution Law Journal “An Advocate’s perspective on Mediation at the Toronto ADR Centre”
Ontario Bar Association Operation Update 1995 “Recent Developments in Construction Litigation - 1995”
American Bar Association / Canadian Bar Association Forum on the Construction “Alternative Dispute Resolution: The Sticks and Stones of the North American Free Trade Industry Agreement”
The Advocates’ Society How to Win-Win in a Win World
“Alternative Methods of Dispute Resolution”
Ontario Bar Association Continuing Legal Education Panel Discussion “And Promises to Keep - New Paths in Contract Law
Ontario Sewer and Watermain Construction Association “Ask a Lawyer: The Law of Bidding & Tendering in Construction Projects”
The Canadian Institute 5th Annual Superconference “Drafting the Contract to maximize Protection and Minimize Exposure Construction”
Construction Control PM Spring Fest “Project Structuring and Standard Form Contracts”
American Bar Association Forum on The Construction Industry Dallas, May 1996 “Canadian Innovations in Project Financing”
Canadian Bar Association The National Construction Law Round Table 1996 “Damages Arising from the Bidding Process”
Home Improvement Retailing Magazine August 1996 “Construction Without Interruption”
Law Society of Upper Canada November 1996 “Quandaries and Pitfalls in Construction Liens and Construction Law — Trust Quandaries”
CCH Canadian Limited Newsletter - ADR Forum Issue Number 12 February 1997 Construction Without Interruption: Differences From or Supplements to the Original Contract
AMIO (Arbitration and Mediation Institute of Ontario) March 1996 ADR Panel
Ontario Bar Association Continuing Legal Education Limitation Periods and Construction Law
Construction Law Letter Comment on Twin City Mechanical v Bradsil
Canadian Bar Association The National Magazine Is the Good Conscience Genie out of the Bottle?
The Canadian Institute 6th Annual Construction Superconference 1997 “Drafting the Contract to Maximize Protection and Minimize Exposure”
Pacific Business & Law Institute, Vancouver The New Builders’ Lien Act
Law Society of Upper Canada “New Developments in Trust Law, Constructive Trusts & Directors’ Personal Liability”
Construct Canada ‘97 Recent Developments in Bidding and The Law: Owner’s Liability to Contractors and Subcontractors
Insight Information Inc. April 1998 Choose Your Tools Using Alternative Dispute
Resolution Provisions in the New CCA14 to your Client’s Benefit
Ontario Bar Association April 1998 Limitation Periods and Construction Law
Canadian Bar Association Halifax, May 1998 Update Mechanics Liens: Liability for Breach of Trust in Ontario
Congress Interaction ‘98 Conference Choose Your Tools — Using Alternative Dispute Resolution Provision in the New CCAI 4 to Your Client’s Benefit
Canadian Institute 7th Annual Construction Superconference Drafting the Contract to Maximize Protection and Minimize Exposure
American Bar Association 1998 Annual Meeting, Toronto Recent Developments in the Law of Attorney Client Conflict
Fraser & Beatty Litigation Associate Training Session Mediation
Fraser & Beattv Litigation Student Lecture Litigation overview
Revay and Associates Muskoka Sands Hotel Controlling Construction Risk
Building Magazine Agreeing to Agree (by Glen Simpson)
Ontario Bar Association The New CCDC2: Facilitating Dispute Resolution of Construction Projects
Infonex Construct Law Canada Special Contract and Risk Issues Associated with Public
Contracts: How Can Lawyers Help?
Insight Information - 8th Annual Course The Construction Claim Alternative Dispute Resolution
Fraser Milner - Litigation Seminar Conflict Motions Chinese Walls, Cones of Silence
Canadian Institute 8th Annual Construction Superconference Risk Allocation in Contract
Canadian Consulting Engineer Magazine Mandatory Mediation
Canadian College of Construction Lawyers Recent Developments in the Law of Attorney Client Conflict
University of the West Indies Commercial Law Workshop Alternative Dispute Resolution
Law Society of Upper Canada Theory of the Case Strategy and Tactics
Construction Law Reports
Vol. 47, Part 2, November 1999
Case Comment: Gillies Lumber v. Kubassek Holdings
Construction Law Reports
Vol. 47, Part 2. December 1999
Recent Developments in the Law of Attorney Client Conflict
Construction Law Reports
Vol. 49, Part 2, April 2000
Theory of the Case: Strategy and Tactics
Lorman Education Services An Overview of Three Commonly Used Construction Contracts: Stipulated Price Contract, Construction Management, and Design-Build
Canadian Bar Association Liening the Unusual Project
Canadian College of Construction Lawyers The Gathering Storm of Arbitrators’ and Mediators’ Liability
Canadian Bar Association Good Faith in Negotiations
Ontario Bar Association Recent Developments in Construction Law
Law Society of Upper Canada The Art of Proving Damages for Breach of Tender
OBA 2001 Institute of Continuing Legal Education The Preparation for the Mediation of a Complex Multi-Party Construction Dispute
OBA 2001 Institute of Continuing Legal Education Punitive Damages
Manitoba Bar Association Construction Law Section Risk Allocation in Contract
Canadian Institute – 10th Annual Superconference Risk Allocation in Contract
Osgoode Hall Law School of York University – Professional Development Program - CLE Panel Chair – The Essential Curriculum in Construction Law: After Construction…but Before the Dust Settles: The First Line of Response
Canadian College of Construction Lawyers - 2001 Annual Conference The Preparation for the Mediation of a Complex Multi-Party Construction Dispute
Alternatives to the High Cost of Litigation - CPR Institute for Dispute Resolution Vol. 19 No.5 The Preparation for the Mediation of a Complex Multi-Party Construction Dispute
Ontario Formworkers Association Seminar on the Construction Lien Act
Construction Law Reports Vol. 10 Part 1 November 2001 10 C.L.R. (3d) 1 – 170 The Art of Proving Damages for Breach of Tender
International Arbitration Law Review Vol. 4, Issue 5 The Gathering Storm of Arbitrators’ and Mediators’ Liability
Canadian Institute Construction Superconference Who is Entitled to Make a Lien Claim
Dispute Resolution Journal When One Court Infringes on Another
Construction Law Letter Vol. 18, No. 6 Illegal Contract with Unlicensed Contractor is Legally Enforceable
International Conference on Arbitration and Mediation, Havana, Cuba Alternative Dispute Resolution
ADR Institute of Canada The Essential ADR Seminar The Preparation for the Mediation of a Complex Multi-Party Construction Dispute
York Communications Construction Law Update Construction Liens: The Next Generation Who is Entitled to Make a Lien Claim
George Brown College Various Topics
Law Society of Upper Canada Strategies for the Effective Selection and Evaluation of Your Mediator
Butterworths Publishing Company Settling out of Court: Construction Liens and ADR
Construction Institute/George Brown College Good Faith
ADR Chambers Speech on Arbitration to Chinese Judges and Lawyers
CCCL/ACCL Annual Meeting in Miami Ethics Problems in a Fish Bowl
Rotman Lectures Mediation
George Brown College Graduation Lecture
York Communications Law Update
Canadian Bar Association (Halifax) Experts Evidence
Toronto Construction Association Mediation and Arbitration
Terrazzo Tile and Marble Association of Canada Alternative Dispute Resolution
International Academy of Mediation (Cancun) Preparing for Mediation
U.S./Canada Law Conference 2005 International Arbitration
George Brown College 2005 Graduation Lecture
Canadian College of Construction Lawyers International Arbitration
Construction Summit 2005 Avoiding and Resolving Disputes
Construction Institute 2005 Mediation
Law Society of Upper Canada 2005 Mediation and Arbitration
York Communications - Toronto November 2, 2005 Textbook 7th Addition Lectures
York Communications - Vancouver November 11, 2005 Textbook 7th Addition Lectures
York Communications - Calgary November 9, 2005 Textbook 7th Addition Lectures
Toronto Construction Institute November 14, 2005 Construction Ethics
Canadian Institute Vancouver January 31, 2006 Public Procurements - Fairness Monitor
George Brown Graduations April 12, 2006 Speech
Canadian Bar Association - Whistler, B.C. - May 13, 2006 National Construction Law Conference
Canadian College of Construction Lawyers Conference - June 2-4, 2006 Fox Harbour ADR Methods
Construction Institute/Toronto Construction Association - June 5, 2006 Ethics
Construction Law Letter - September 2006 Hot Tubbing
Construction Canada - September 2006 ARchitect's Duty of Care
Ontario General Contractors Association - September 2006 What's There To Lien On?
Insurance Instituate of Canada September 2006 What's There To Lien On?
Insurance Institute of Canada (CIP Society) - October 2006 Mock Mediation
International Institute for Conflict Prevention and Resolution - November, 2006 How an Investigator Resolved the Vasa Warship Disaster
IAM Conference, San Antonio, November - 2006 The Future Mediator
ICC Conference, New York - November, 2006 Current Issues in ICC Arbitraton: What You Need to Enhance Your International Practice
The Canadian Institute Public Procurement Conference, Ottawa - January 2007 Fairness Monitors
University of Toronto - February 2007 Faculty of Law Upper Year Moot
George Brown College, Toronto April 2007 Graduation Speech
OGCA Symposium, Collingwood - April 2007 Construction Litigation
IAM Conference, Philadelphia - May 2007 Future of Mediation
The GTA Construction Report - May 2007 Should the Holdback be Reduced to 5%
ADR Institute of Ontario Construction Section - June 2007 Panel Discussion on Payment Certification
Speech - February 2008 Zimbabwe, Mon Amour
Construction Law Reports - March 2008 Blockwall Masonry Ltd. v. Arcaio Design: Case Comment
CCCL Conference, Mt. Tremblant, Quebec - May/June 2008 The Arbitrator of the Future - A Light Approach and Advocacy - Past, Present and Future
Construction Law Reports - June 2008 Book Review
Construction Law Reports 68CLR (3d) page 155 Book Review of the Construction Hypothec
Construction Law Letter Limitaton Periods to start a Construction Action - The discoverability doctrine
Construction Canada May 2009 Vol. 51 No. 3 The Breach of Trust Remedy
Ontario Bar Association, Vol. 17 No. 3 June 2009 Mediation Confidentiality and Pitts v. Francis
ADR Institute of Canada, Gatineau, Quebec - October 2009 Alternatives to the Alternatives
American Arbitration Association Handbook - Chapter 23 Negotiating in Good Faith
American Arbitration Association Handbook on International Arbitration and ADR and Book on International Arbitration and ADR - Contributor
Canadian Construction Canada New Rules of Practice - 2010
CPR (Alternatives) Attacking the Mediation Fortress of Confidentiality
Toronto Construction Association Legislative Committee The Proposed Commercial Mediation Act Ontario, Bill 168


List Of Articles Contributed To Daily Commercial News

1975

1. Unjust Enrichment
2. Blackmail
3. Substantial Completion
4. Owner’sReliance on Contractor’s Special Skills and Knowledge
5. Amendments to The Mechanic’s Lien Act
6. Mechanic’s Liens on Roads, Streets and Government Property
7. Proper On-Site Scheduling Re Delay Claims
8. Immoral or Illegal Contracts
9. Owners Beware! Conditional Sales
10. Roof and Other Contracting: The Legal Risks.  Who Pays the Piper.
11. Penalty Clauses and Liquidated Damages
12. Paying Twice After Breaking Labour Contracts with Unions
13. Mechanics’ Lien Trust Fund – Another Dilemma for the Owner
14. The Construction Contract – Insurance – What to Obtain and When to Obtain it
15. Supreme Court Awards Interest on Debt Owing to Contractors at Bank Rate
16. Costly Design Errors
17. Architects Right to Lien
18. Criminal Prosecutions Under The Mechanics’ Lien Act

1976

1. “Sale" - Leasebacks Caught By The Mechanics’ Lien Act
2. “Strike”- A Startling Definition

1977

1. An Afternoon on San Salvador
2. Court Takes Hard Line of Free Advice
3. The House That Courts Built
4. Courts Give New Relief for Mental Distress
5. Strict Duty for Design Professionals

1978

1. Archaic Interest Laws Overhauled
2. The Design Professional: A Target for Restitution?
3. The Contract – Is it Reasonable?
4. Victory But Defeat
5. Withdrawing Bids in Error

1980

1. Don’t Recommend

1981

1. Added Liability for Breaches of The Construction Safety Act
2. Illegal Contracts

1982

1. New Builders Lien Act
2. Copyright in Construction Plans

1984

1. Subtrade Puts Contractor Over the Barrel

1985

1. The Tribulations of the Residential Architect
2. When is a Contract Abandoned?
3. Mental Distress in Construction

1986

1. Bad News for Bonding Companies
2. A Signal from Michigan

1988

1. Notice Under Labour and Material Bonds
2. Good News for Low Tenderers

2005

1. Confidentiality in Mediation
2. Who is entitled to a valid claim for lien
3. Corporate Charter Lapses
4. Criminal Interest Rates
5. Cyber Liable
6. Expert Witnesses