Ethan McCarthy

Ethan McCarthy

Associate, Construction

Contact Information

emccarthy@osler.com

tel: 416.862.6752

Office

Toronto

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Areas of Expertise

Bar Admission

Ontario, 2015

Education

  • University of Toronto, J.D.
  • Howard University, BSc Civil Engineering (Summa Cum Laude)

Language(s)

English

The key focus of Ethan's practice is construction, infrastructure and energy matters for a broad range of commercial, industrial and institutional projects. 

In his time at Osler Ethan has worked on a number of high profile construction, infrastructure and energy matters. He has been involved in various facets including project development, financing, procurement, contract negotiation and contract administration issues.

Prior to entering the legal profession, Ethan worked for a number of years in Washington, DC, in the field of construction project management and green building. His diversity of experience means Ethan possesses a unique understanding of the impact of construction related issues on the business operations of his clients.

    • Bruce Power, with respect to the drafting and negotiation of design, engineering, services and equipment supply contracts for the refurbishment of the nuclear reactors at the Bruce A Generating Station and Bruce B Generating Stations in Kincardine, Ontario
    • Sanofi Pasteur Limited, on the preparation and negotiation of construction contracts for various capital projects at the Sanofi Toronto Campus, the largest biomanufacturing site in Canada.
    • Greater Toronto Airports Authority, on the refresh of its suite of template construction and engineering related contracts.
    • Independent Electricity System Operator, on the development of program documents for various programs under the 2021-2024 Conservation and Demand Management Framework.
    • Pattern Energy Group LP in its $1.2 billion refinancing of the 300 MW Henvey Inlet wind generation facility
    • Algonquin Power, on the preparation and negotiation of EPC contracts and equipment supply contracts for various wind, solar and thermal projects in Saskatchewan and the United States and the related financings for these projects
    • SP Armow Wind Ontario LP, in the $700 million financing of the 180 MW SP Armow Wind Project and subsequent $700 million refinancing in 2020
    • Grand Renewable Wind LP, in the $460 million refinancing of the 148.6 MW Grand Renewable Wind Project
    • South Kent Wind LP, in the $965 million refinancing of the 270 MW South Kent Wind Project
    • Various municipalities in Ontario, on the drafting and amendment of design and construction contracts and internal processes to address the prompt payment and adjudication regimes implemented by the Construction Act in 2019
    • CIBC, on the CIBC Square major design and construction interior tenant fit-out initiative
    • Henvey Inlet Wind LP, in the $1 billion financing and construction of the Henvey Inlet Wind Project
    • Bank of Montreal, Royal Bank of Canada and other major Canadian Banks, on the preparation of requests for proposals and accompanying design build agreements or supplementary conditions to the CCDC suite of documents for various capital projects
    • Northland Power, on the construction contracts, equipment supply contracts and EPC contracts for various wind, solar and thermal projects in Ontario, Alberta and Saskatchewan
    • Atomic Energy of Canada Limited, on the procurement, design and construction of a nuclear waste facility in Ontario, Canada
    • Pattern Energy, on the financing and negotiation of supply, engineering and construction related contract for various wind farm projects
    • Infrastructure Ontario, on the procurement, design and construction of various projects

  • Chambers Canada: Canada’s Leading Lawyers for Business: Recognized in Construction (Nationwide - Canada)
  • Best Lawyers: Recognized as “One to Watch” in Construction Law

  • CCDC Standard Construction Contracts, Forms & Guides - Overview, Relevance, Comparisons & Developments

    Panelist, Canadian Institute of Quantity Surveyors, April 19, 2023

  • Experiences with CCDC Contracts

    Panelist, Ontario Bar Association, January 19, 2023

  • Ontario’s Construction Act: Practical Considerations for Managing Disputes and Key Risks 2022

    Speaker, Osgoode Hall Law School Professional Development, April 22, 2022

  • Construction Law Update: The COVID-19 Effect on the Industry: Adapting Contracts and Claims

    Speaker, The Buildings Show 2021, December 1, 2021

  • Construction Act Playbook for your Organization

    Speaker, Toronto, November 28, 2019

  • Law Society of Ontario
  • Ontario Bar Association (Member-At-Large, Construction and Infrastructure Law Section Executive 2022)
  • American Bar Association’s Forum on Construction Law

  • Adoption of new technologies and innovation in the construction industry: A legal perspective, Construction Economist, Summer 2021 (co-author)
  • Contract Termination: Considerations in Terminating for Default or for Convenience, Journal of the Canadian College of Construction Lawyers, 2021
  • LEED AP
  • Procertas Legal Technology Assessment Certification, 2016
  • The dangers of misinterpreting contractual claim submission requirements (especially in standard form contracts), Construction Economist, Fall 2016