Elliot is one of Canada’s leading front-end projects lawyers, advising clients on all aspects of construction and infrastructure projects, including project development, structuring, procurement, contract negotiation and administration. Elliot’s practice has a strong emphasis on the development and execution of mission-critical projects.
He regularly advises clients on all areas of construction law, including project delivery models; contract terms and conditions; lien holdback; prompt payment and other legislative obligations; design and consulting contracts; major equipment supply agreements for all types of industrial equipment; and O&M and long-term services agreements. Elliot is also a professional engineer.
Elliot is the author of The Canadian Construction Contracts Guidebook, the leading Canadian text on construction contracts. The second edition of the book was published in 2025.
Representative Work
- Greater Toronto Airports Authority on multiple aspects of its multi-billion-dollar Long-term Investment in Facilities and Terminals (LIFT) Program, including multiple procurements, progressive design-build contracts and construction management agreements, including the development of a customized progressive design-build contract and associated procurement for the Accelerator Program, a multi-billion dollar package of works including a new airport terminal and major airfield rehabilitation work
- Kineticor Resource Corp. on all construction aspects (including an engineering- procurement-construction (EPC) contract, major equipment purchase contract and long-term service contract) for the Greenlight Energy Centre in Alberta, a 1,000 MW combined cycle gas power plant focused on providing power to data centers, being developed by a joint venture of Kineticor and Pembina.
- Kineticor Resource Corp. on all construction aspects of the $1.5 billion 900 MW Cascade Power Plant in Alberta. This involved extensive negotiation of all major construction issues (e.g. subcontractor controls, force majeure, permitting risks, indemnities, construction insurance, liability, etc.) with some of the most sophisticated contractors in the country.
- Maple Leaf Foods on all construction aspects of the development of a $500 million packaged meats plant and a $600 million poultry processing plant, both in Ontario. Both matters involved development, procurement, and negotiation of key terms of the construction contracts for these highly complex, state-of-the-art facilities.
- Infrastructure Ontario on the development of a form of progressive design-build contract and on multiple projects using this delivery model.
- Calgary Municipal Land Corporation on all design, construction, and consulting contracts for numerous projects, including the $590 million Calgary Event Centre and the Arts Commons Refurbishment Project as well as the development of a progressive design-build contract and associated procurement for the construction of a new railway underpass in downtown Calgary.
- Trans Mountain on a unique arrangement with the Vancouver Fraser Port Authority for the dredging of Second Narrows as part of a broader project to increase capacity of the Trans Mountain Pipeline.
- Nuclear Waste Management Organization (NWMO) on multiple aspects related to the design and construction of its long-term storage facility for Canada’s nuclear waste.
- Algonquin Power on the construction of multiple renewable energy facilities across Canada and the United States.
- Clearlight Energy Funding, ULC on the engineering, procurement and construction contract and turbine supply and maintenance contracts for its Canton MacNider wind farm in Quebec.
- Carttera Private Equities in the development and negotiation of supplementary conditions for the CCDC 2, CCDC 5B and CCDC 14 for numerous new mixed-use buildings in the Greater Toronto Area.
- DREAM on the development of a suite of supplementary conditions for the CCDC contracts to be used for the development of industrial and commercial buildings in Ontario and Alberta, using the CCDC 2, CCDC 5A CCDC 5B and CCDC 14.
- Circular Materials on an extensive suite of contractual arrangements for the operation of the blue box systems in Ontario, Alberta, Nova Scotia and New Brunswick.
- Nieuport Aviation on the supplementary conditions for a CCDC 14 for the expansion of the baggage handling system at Billy Bishop Airport and a CCDC 5B for the construction of a new US customs hall at Billy Bishop.
- Independent Electricity System Operator (IESO) on:
-
- The negotiation and drafting of replacement contracts for Ontario’s legacy Non-Utility Generator (NUG) facilities, successfully completing agreements covering nine facilities totalling approximately 550 MW.
- The development of procurement documents for the first-of-kind, 16 MW Energy Storage RFP, including drafting and stakeholdering the Energy Storage Facility Agreement.
- The negotiation and execution of an Energy Storage Facility Agreement in respect of the 250 MW/1000 MWh Oneida Energy Storage Facility.
- Northland Power with respect to:
- the development of renewable energy and battery storage projects in Alberta, including PPAs, battery storage tolling agreement, equipment supply, and construction matters;
- development and construction of a dozen solar projects and two large-scale wind projects under Ontario’s Feed-In Tariff Program, two wind projects in upstate New York, and offshore wind projects in the North Sea;
- negotiation of a fully-wrapped EPC contract for a 130 MW solar power plant located in La Lucha, Mexico;
- the negotiation of the EPC contracts, as well as the major equipment supply contracts, for the North Battleford Energy Centre (260 MW) north-west of Saskatoon, Saskatchewan, as well as the Spy Hill Generating Station (86 MW) in Esterhazy, Saskatchewan.
- Google Canada on its suite of standard form construction documents for use across Canada.
- Bartek Ingredients on an EPCM contract for the construction of a new maleic anhydride production facility in Hamilton, Ontario, and all related construction and equipment supply contracts.
- Multiple property owners on contractual arrangements with suppliers of electric vehicle (EV) charging infrastructure.
- NB Power on the development of a form of contract for use with energy storage facilities.
- Calgary Municipal Land Corporation on all design, construction, and consulting contracts for numerous projects, including the $590 million Calgary Event Centre and the Arts Commons Refurbishment Project as well as the development of a progressive design-build contract and associated procurement for the construction of a new railway underpass in downtown Calgary.
- Trans Mountain on a unique arrangement with the Vancouver Fraser Port Authority for the dredging of Second Narrows as part of a broader project to increase capacity of the Trans Mountain Pipeline.
- Nuclear Waste Management Organization (NWMO) on multiple aspects related to the design and construction of its long-term storage facility for Canada’s nuclear waste.
- Algonquin Power on the construction of multiple renewable energy facilities across Canada and the United States.
- Clearlight Energy Funding, ULC on the engineering, procurement and construction contract and turbine supply and maintenance contracts for its Canton MacNider wind farm in Quebec.
- Carttera Private Equities in the development and negotiation of supplementary conditions for the CCDC 2, CCDC 5B and CCDC 14 for numerous new mixed-use buildings in the Greater Toronto Area.
- DREAM on the development of a suite of supplementary conditions for the CCDC contracts to be used for the development of industrial and commercial buildings in Ontario and Alberta, using the CCDC 2, CCDC 5A CCDC 5B and CCDC 14.
- Circular Materials on an extensive suite of contractual arrangements for the operation of the blue box systems in Ontario, Alberta, Nova Scotia and New Brunswick.
- Nieuport Aviation on the supplementary conditions for a CCDC 14 for the expansion of the baggage handling system at Billy Bishop Airport and a CCDC 5B for the construction of a new US customs hall at Billy Bishop.
- Independent Electricity System Operator (IESO) on:
-
- The negotiation and drafting of replacement contracts for Ontario’s legacy Non-Utility Generator (NUG) facilities, successfully completing agreements covering nine facilities totalling approximately 550 MW.
- The development of procurement documents for the first-of-kind, 16 MW Energy Storage RFP, including drafting and stakeholdering the Energy Storage Facility Agreement.
- The negotiation and execution of an Energy Storage Facility Agreement in respect of the 250 MW/1000 MWh Oneida Energy Storage Facility.
- Northland Power with respect to:
- the development of renewable energy and battery storage projects in Alberta, including PPAs, battery storage tolling agreement, equipment supply, and construction matters;
- development and construction of a dozen solar projects and two large-scale wind projects under Ontario’s Feed-In Tariff Program, two wind projects in upstate New York, and offshore wind projects in the North Sea;
- negotiation of a fully-wrapped EPC contract for a 130 MW solar power plant located in La Lucha, Mexico;
- the negotiation of the EPC contracts, as well as the major equipment supply contracts, for the North Battleford Energy Centre (260 MW) north-west of Saskatoon, Saskatchewan, as well as the Spy Hill Generating Station (86 MW) in Esterhazy, Saskatchewan.
- Google Canada on its suite of standard form construction documents for use across Canada.
- Bartek Ingredients on an EPCM contract for the construction of a new maleic anhydride production facility in Hamilton, Ontario, and all related construction and equipment supply contracts.
- Multiple property owners on contractual arrangements with suppliers of electric vehicle (EV) charging infrastructure.
- NB Power on the development of a form of contract for use with energy storage facilities.
Latest Insights
-
Osler Update June 4, 2026
Construction law: British Columbia’s Construction Prompt Payment Act
The consultation period is now open for British Columbia’s Construction Prompt Payment Act.
Read more -
Blog March 2, 2026
Ontario Construction Act amendments now in effect
Amendments include modifications to the provisions on prompt payment, adjudication and the payment of holdback.
Read more -
Webinar February 3, 2026
Amendments to Ontario’s Construction Act
Osler’s Construction and Infrastructure team discusses project delivery, as well as claims and adjudication strategies.
Read more -
Blog December 11, 2025
British Columbia’s Construction Prompt Payment Act: from cash-flow friction to clear framework
Recently introduced legislation in B.C. sets clear timelines for construction invoicing and payments.
Read more
Awards and Recognition
-
Chambers Canada: Canada’s Leading Lawyers for Business: Recognized in Energy: Power (Transactional)
-
The Canadian Legal Lexpert Directory: Recognized in Energy: Electricity
-
Lexpert: Rising Stars: Recognized as a Lexpert Rising Star: Leading Lawyers Under 40
-
Thomson Reuters: “Stand-out Lawyer”
-
Lexpert Special Edition: Recognized in Energy
Media Mentions
-
Osler News April 9, 2025
Second edition of The Canadian Construction Contracts Guidebook now available
Elliot Smith, partner, Energy, Construction and Infrastructure, is an author for a second time, with the publication of the second edition of his...
Read more -
Osler News May 6, 2026
17 Osler lawyers recognized in Lexpert Special Edition: Infrastructure 2026
Osler is pleased to announce that 17 of our lawyers are featured in the Lexpert Special Edition: Infrastructure 2026. This special issue...
Read more -
Osler News August 6, 2025
Osler lawyers recognized in Lexpert Special Edition: Energy 2025
This prestigious publication highlights Canada’s leading lawyers in energy-related practices.
Read more -
Osler News September 25, 2023
22 Osler lawyers recognized in Lexpert Special Edition: Energy 2023
Osler is proud to announce that 22 of our lawyers are featured in the Lexpert Special Edition: Energy 2023, recognizing leading lawyers in the oil...
Read more
Community Involvement
- Osler Give-a-Day Campaign, Volunteer
- Osler Pride Network, Partner Support
- Connect Legal, Pro Bono Lawyer
Speaking and Writing
Speaking Engagements
Where are you in Equity, Diversity, and Inclusion?
Speaker, Friday, June 25, 2021
Published Work
The Canadian Construction Contracts Guidebook
Construction projects and COVID-19 – the latest developments, March 24, 2020
Is coronavirus a force majeure event under your project contract?,March 4, 2020
Five common mistakes in construction contracts, Blog , July 16, 2019
Credentials
Education
- University of Toronto, J.D.
- University of Waterloo, B.A.Sc. (Systems Design Engineering)
Languages
- English
Professional Affiliations
- Canadian Bar Association
- Ontario Bar Association
- Law Society of Ontario
- Association of Professional Engineers of Ontario