Elliot advises his clients on all aspects of construction and infrastructure projects across Canada, including project development, structuring, procurement, contract negotiation and administration.
He regularly advises clients on all areas of construction law, including construction contracts, lien holdback, prompt payment and other legislative obligations; design and consulting contracts; major equipment supply agreements for all types of industrial equipment; O&M and services agreements; and long-term utility supply agreements. Elliot’s practice has a strong emphasis on the development of energy assets, including both renewable and conventional generating facilities.
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). He 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
Construction & Infrastructure
- The Greater Toronto Airports Authority on its Long-term Investment in Facilities and Terminals (LIFT) program, a multi-billion-dollar capital expansion and renewal program for Toronto’s Pearson airport
- 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 related construction projects, as well as multiple other infrastructure projects in the Rivers District 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 deep geological repository for used nuclear fuel 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 CCDC-based construction contracts for multiple industrial, commercial and residential buildings across Ontario and Quebec
- DREAM on CCDC-based construction contracts for multiple industrial, commercial and residential buildings in Ontario and Alberta, as well as the development of a suite of supplementary conditions for the CCDC contracts
- Circular Materials on the implementation of its obligations to operate the blue box systems in Ontario, Alberta, Nova Scotia and New Brunswick
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 multiple projects in Alberta, including 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
- 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
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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.
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Webinar October 16, 2024
Recent developments in construction contracting
There have been a number of developments in construction contracting in the post-pandemic period as a result of some fundamental shifts in the...
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Blog July 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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Osler Update July 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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Awards and Recognition
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Chambers Canada: Canada’s Leading Lawyers for Business: Recognized in Energy: Power (Transactional)
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The Canadian Legal Lexpert Directory: Recognized in Energy: Electricity
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Lexpert: Rising Stars: Recognized as a Lexpert Rising Star: Leading Lawyers Under 40
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Thomson Reuters: “Stand-out Lawyer”
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Lexpert Special Edition: Recognized in Energy
Media Mentions
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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...
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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.
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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...
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Osler News June 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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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
