Ethan McCarthy

Ethan McCarthy

Associate, Construction Law

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.

    • 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
    • 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
    • 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

  • Best Lawyers: Recognized as “One to Watch” in Construction Law

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

  • 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