Harvey J. Kirsh

Harvey J. Kirsh, Partner, Litigation

Contact Information

  • tel: 416.862.6844
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Areas of Expertise

Bar Admission

Ontario, 1973

Education

  • Harvard Law School, LL.M.
  • Osgoode Hall Law School, LL.B.
  • University of Toronto, B.A.

Office

Toronto

Language(s)

English

Biography

Harvey has 37 years of experience as a litigator, arbitrator and mediator in the resolution of complex construction claims arising out of significant infrastructure, industrial, commercial, and institutional projects. Having been designated as a Chartered Arbitrator by the ADR Institute of Canada, he has been appointed by Infrastructure Ontario as Mediator and Adjudicator for its infrastructure projects, and is also a panel member of the Global Engineering and Construction Group (the only Canadian member) of “JAMS” (Judicial Arbitration and Mediation Services), the largest private provider of alternative dispute resolution services in the United States. Harvey is also Chair of the Construction, Engineering and Infrastructure Panel of ADR Chambers in Canada. He is also certified by the Law Society of Upper Canada as a “Specialist in Construction Law.”

Notable Matters

  • Counsel in major litigation relating to the construction of the Confederation Bridge spanning the Northumberland Strait between P.E.I. and New Brunswick.
  • Counsel to the Toronto Transit Commission in major litigation relating to the construction of the $900 million Sheppard Subway in Toronto.
  • Counsel for the Canadian Opera House Corporation in connection with the defence of complex claims arising out of the design and construction of the Four Seasons Centre for the Performing Arts (the home of the Canadian Opera Company and the National Ballet of Canada).
  • Arbitrator with respect to more than US$16 million in claims arising out of the construction of cement mill facilities in West Virginia.
  • Arbitrator with respect to more than US$12 million in claims arising out of the design and construction of an oil refinery in Utah.
  • Arbitrator with respect to claims arising out of the $112 million Halifax Harbour Solutions Sewage Collection System Project.
  • Arbitrator with respect to $1.5 million in claims arising out of the design, fabrication and installation of certain amusement ride systems at Universal Studios Amusement Park in Orlando, Florida.
  • Mediator with respect to issues arising out of the design and construction of a brewery facility in Nova Scotia.
  • Counsel for an owner/developer in connection with the defence of $16 million in claims arising out of the construction of a $190 million ethanol distillery complex.
  • Representing owners, contractors, engineers and other design professionals with respect to a broad spectrum of disputes and claims relating to the construction of hospitals, petrochemical processing facilities, municipal projects, court houses, electrical transmission facilities, nuclear facilities, co-generation facilities, manufacturing and distribution facilities, commercial office towers, hotels, condominium projects, water treatment plants, water reservoirs, university buildings, schools, nursing homes, resorts, roads and highways, and stadium and arena facilities.

Affiliations

  • Canadian College of Construction Lawyers, First President, Founding Fellow and Governor
  • Canadian Bar Association, former Chair of both National and Provincial Construction Law Sections
  • Arbitration Roundtable of Toronto
  • Panel Member, Global Engineering and Construction Group of “JAMS” (Judicial Arbitration and Mediation Services), the largest provider of alternative dispute resolution services in the United States
  • Chair, Construction, Engineering and Infrastructure Panel, ADR Chambers (Canada)

Industry Recognition

  • Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada: Construction
  • The Best Lawyers in Canada Directory: Construction
  • Canadian Legal Lexpert Directory: Construction
  • Cross-Border Construction and Projects Handbook: Construction
  • Nominee for both Law Society Medal (Law Society of Upper Canada) and David W. Mundell Medal for Legal Writing

Publications/Events/Education

Harvey is the Founding Editor-in-Chief of the Construction Law Reports, the Founding Editor of the Construction Law Letter, and the Editor of several ADR and construction industry trade newsletters and booklets. He is also the author of more than 150 articles in the field of construction law and alternative dispute resolution, as well as 14 leading texts, including:

  • The Annotated Construction Contract (CCDC 2 - 1994)
  • Kirsh’s Index to Canadian Construction Law Literature
  • Kirsh's Construction Lien Case Finder (5 vols.)
  • Kirsh's Guide to Construction Liens in Ontario (1st and 2nd eds.)
  • The Canadian Construction Law Dictionary (Judicially Considered)

Harvey is also an Adjunct Professor at the Faculty of Law, University of Toronto, where he teaches a course entitled “From Blueprints to Buildings: Legal Issues in the Construction Industry.”

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Harvey J. Kirsh

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