Elliot A. Smith

Elliot advises his clients on all aspects of construction projects across Canada, including project development and structuring, procurement, contract negotiation and administration issues.

Elliot's practice has a strong emphasis on the development of energy assets, including both renewable and conventional generating facilities. He also regularly advises clients on other areas of construction law, such as construction contracts, design and consulting contracts, equipment supply agreements, O&M agreements, and long-term utility supply agreements.

Prior to joining Osler, Elliot worked at a number of institutions involved in the Ontario electricity market, including Ontario Power Generation, the Independent Electricity System Operator (IESO) and the Ontario Power Authority (prior to its merger with the IESO). Elliot is also a professional engineer.

Elliot is the author of The Canadian Construction Contracts Guidebook, the leading Canadian text on construction contracts.

Representative Work

Energy (Power)

  • Independent Electricity System Operator (IESO) on numerous initiatives, including the procurement of battery storage facilities and gas-fired generators and advice in connection with its market renewal program.
  • Kineticor Resource Corp. in the development and construction aspects of the $1.5 billion Cascade Power Project near Edson, Alberta
  • Northland Power on the development and construction of wind, solar and natural gas power plants as well as battery storage facilities in Ontario, Quebec, Saskatchewan, Alberta and New York state.
  • Algonquin Power on the construction of multiple renewable energy facilities across Canada and the United States
  • The Greater Toronto Airports Authority providing ongoing advice on construction and infrastructure projects, operating and maintenance agreements and commercial issues relating to the combined heat and power plant at Toronto’s Pearson airport
  • 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


Construction & Infrastructure

  • 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 the development agreements for the new Calgary Event Centre and on the procurement and construction of a new rail underpass extending 6th Street SE in Calgary.
  • Maple Leaf Foods, providing construction and equipment procurement advice with respect to numerous expansion projects throughout Canada, including all major contracts for a $400 million meat processing plant in Hamilton, Ontario
  • Nuclear Waste Management Organization (NWMO) on all construction and consulting agreements related to its proposed deep geological used nuclear fuel repository in Ontario.
  • 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.
  • Carterra Private Equities on the construction contracts for multiple industrial, commercial and residential buildings across Ontario and Quebec
  • 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

Latest Insights

  • Report Apr 26, 2019

    The Canadian Construction Contracts Guidebook

    Negotiating a construction contract for a project in Canada poses unique challenges for anyone involved in the project, including lawyers, owners,...

    Read more
    The Canadian Construction Contracts Guidebook
  • Blog Jul 22, 2020

    COVID-19: The top 5 things to look for in construction contracts

        As parties to construction contracts continue to navigate the impacts of the COVID-19 pandemic, we highlight below our top five...

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    COVID-19: The top 5 things to look for in construction contracts
  • Osler Update Jul 16, 2019

    Five common mistakes in construction contracts

    From a relatively simple home renovation to a large infrastructure project, parties usually enter into some form of written construction contract,...

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    Five common mistakes in construction contracts
  • Osler Update Dec 18, 2018

    Climate change regulation: New tensions between federal and provincial legislators

    Climate change regulation is once again making legal headlines this year as the Government of Canada enacted its federal carbon pricing plan and new...

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    Climate change regulation: New tensions between federal and provincial legislators
View all Insights

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”

Media Mentions

  • Osler News Sep 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...

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  • Osler News Jun 6, 2023

    16 Osler lawyers recognized in Lexpert Special Edition: Infrastructure 2023

    Congratulations to 16 of our lawyers for their inclusion in the Lexpert Special Edition: Infrastructure 2023.

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  • Media Mentions Mar 27, 2020

    Canadian businesses asking questions about force majeure in light of COVID-19 – The Lawyer’s Daily

    Since the WHO declared COVID-19 to be a global pandemic, more and more Canadian businesses are looking to force majeure clauses and the common law...

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  • Media Mentions Mar 16, 2020

    Legal Notes: Could COVID-19 trigger ‘force majeure’ in contracts? – Daily Commercial News

    Earlier this year when the World Health Organization declared COVID-19 to be a global pandemic, freelance writer John Bleasby reviewed the possible...

    Read more
View all

Community Involvement

  • Osler Give-a-Day Campaign, Volunteer
  • Osler Pride Network, Partner Support
  • Connect Legal, Pro Bono Lawyer



  • University of Toronto, J.D.
  • University of Waterloo, B.A.Sc. (Systems Design Engineering)


  • English

Professional Affiliations

  • Canadian Bar Association
  • Ontario Bar Association
  • Law Society of Ontario
  • Association of Professional Engineers of Ontario