Construction Litigation

Bridge construction

The COVID-19 pandemic, global uncertainty and rising inflation have all posed challenges to the construction and infrastructure industry in recent years. Today’s projects face different obstacles than they did even a few years ago, and tailored dispute resolution from specialized legal professionals is more important than ever.

Osler’s construction litigators have extensive experience providing specialized claims and dispute resolution advice throughout the life cycle of construction projects. Our highly experienced team can provide the dispute solutions best suited to your organization and project.

Integrated approach

As part of Osler’s top-tier national Construction & Infrastructure Group, we work in tandem with front-end construction lawyers. As an integrated team, our lawyers are available to lend their expertise at any point in the process, before shovels are in the ground and after the project has concluded.

From the early planning, project structuring and financing stages to procurement, construction and contract management, Osler’s integrated team of construction lawyers is available to get your project off on the right foot — or, if necessary, help to get it back on track.

Industry experience

Construction law is a highly specialized field, with its own unique dynamics, interests, statutes and regulations. Osler’s construction litigation team consists of specialized construction disputes experts who are familiar with a range of creative dispute resolution mechanisms, as well as the nuances of the construction lien legislation across Canada.

Whether you are executing a large-scale public infrastructure project or a smaller private-sector project, you need intelligent, practical and creative solutions to mitigate risk, resolve disputes and avoid disruption, putting the focus back on your business goals.

Rapidly evolving space

Project delivery models, contracting approaches, alternative dispute resolution methods, and legislation in the construction industry are constantly changing. Osler’s construction experts stay ahead of the curve in this increasingly complex world to provide clients with the valuable advice they need at every step of the process, delivering innovative, cost-effective solutions to the roadblocks that could threaten the success of their projects.

Leveraging Osler’s One Firm model across departments and jurisdictions, clients of all sizes — and across sectors including energy, transportation, housing, utilities and more — can benefit from our expertise in negotiation, mediation, arbitration, adjudication, litigation and forms of dispute resolution, wherever they are in the country.

Recent experience

While Osler’s construction litigators always look for ways to creatively resolve our clients’ disputes without going to court, when court is necessary we have the bench strength and depth of courtroom experience required to represent our clients effectively. Some recent examples follow.

Toronto Transit Commission

Osler is currently representing the Toronto Transit Commission (TTC) in one of the largest construction litigation trials in Ontario’s history, involving multiple litigation claims relating to the construction and design of the Toronto-York Spadina Subway Extension. These include contractor and subcontractor damage claims, claims against the designers and claims by the owner for liquidated damages. The Pioneer Village Station trial commenced hearing evidence in February 2022 and continued doing so into April 2023, with a team of Osler lawyers representing the TTC. Further proceedings are to follow.

Learn more about our work with the TTC


Atomic Energy of Canada Limited

A team of Osler construction litigators recently won a complete victory for its client, Atomic Energy of Canada Limited, after a month-long trial. The case involved issues arising from the procurement of parts for the refurbishment of a nuclear reactor. The $18.5-million claim was dismissed, and Osler’s client was awarded $1.8 million in costs.


Veiolia Health Operating Services

Osler acted in the context of design-build defect claims against the constructors of the new Centre Hospitalier de l’Université de Montréal. This $3.4-billion public-private partnership is one of the largest public infrastructure projects in Québec.

Learn more about our work with Veolia Health Operating Services


City of Toronto

Osler has been retained by the City of Toronto to advise and represent the City in multiple complex construction litigation matters resulting from the revitalization and enhancement of Union Station. These include disputes relating to the consulting services agreement with the designer and many delay and deficiency claims with the original general contractor.

Learn more about our work with the City of Toronto


Utilities Kingston

Osler is advising Utilities Kingston on a complex, multi-issue construction litigation dispute with EBC Construction, the general contractor, regarding disputes relating to a municipal infrastructure project. The parties are in ongoing litigation in respect of delay, demobilization costs, COVID-19 claims, holdback, warranty and other issues.

Learn more about our work with Utilities Kingston


Roger Gillott

Partner, Litigation


Paul Ivanoff

Partner, Litigation