Roger Gillott

Roger Gillott

Partner, Litigation

Key Contact: Procurement

Contact Information

rgillott@osler.com

tel: 416.862.6818

Office

Toronto

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Areas of Expertise

Bar Admission

Ontario, 1996

Education

  • Oxford University, B.C.L. (Law)
  • Oxford University, M.A. (Law)
  • Dalhousie University, LL.B.
  • University of Calgary, B.Comm.

Language(s)

English

Roger is consistently recognized in industry publications as one of the leading Construction lawyers in Canada.  He has practiced exclusively construction litigation, arbitration and dispute resolution for twenty years.  Roger has extensive advocacy experience in trial, appellate and arbitration proceedings, and also advises on the avoidance and management of risk in the administration of construction contracts. Roger has developed particular expertise in the area of tendering and procurement in both the public and private sectors. He has represented clients in a wide variety of disputes involving construction liens and trusts, mortgage priorities, contract interpretation, bidding and tendering, delay and extras claims, professional negligence and claims under performance and payment bonds. Roger has also dealt with the interpretation of specifications, ownership of design drawings and environmental claims and prosecutions.

In 2018 Roger was made a Fellow of the Construction Lawyers Society of America. An invitation-only international honorary association composed of preeminent lawyers specializing in construction law and related fields, the CLSA is dedicated to promoting advocacy and ethical standards in construction law.

    • Delphi Energy Corp. in its restructuring transaction under the CCAA
    • Utilities Kingston in its $30 million construction litigation dispute with North America Construction
    • City of Toronto – currently representing and advising the City of Toronto on Litigation, Construction Lien, and Procurement matters relating to the $500 million revitalization of Union Station, Canada’s busiest transportation hub
    • Crosslinx – currently representing and advising the consortium building the 19 km Crosstown Eglinton Light Rail Transit line, the largest transit expansion in the history of Toronto
    • City of Kingston/Utilities Kingston – for many years, representing and advising the City regarding a number of construction matters, including the renovation of a historic building, and the construction of a new City arena, a wastewater treatment plant, a pumping station and a water tower
    • Atomic Energy of Canada Limited – advising and representing AECL in a number of matters, including advising on the Ontario nuclear reactor Newbuild procurement, and representing AECL in a number of disputes including an arbitration and a tendering dispute relating to the refurbishment of a number of nuclear reactors
    • Toronto Transit Commission in successfully prosecuting a claim in a tendering dispute relating to the public bidding process for TTC contracts, which included an appeal to the Ontario Court of Appeal and a leave application to the Supreme Court of Canada
    • An Ontario Healthcare Centre – representing the Hospital in prosecuting a claim relating to deficiencies in the construction of a new wing
    • An Ontario Healthcare Centre – representing the Hospital in a number of disputes relating to construction at the Hospital, including risk management relating to the timely completion of new Hospital facilities
    • Bank of America – representing the Bank in a dispute relating to priorities between construction lien claimants and mortgagees
    • Zurich Indemnity Company of Canada – in successfully defending, at trial and before the Ontario Court of Appeal, a precedent-setting claim under a Performance Bond relating to the construction of a high- rise condominium development in Whitby, Ontario
    • Philip Services/PSC Industrial Services Canada Inc. – in successfully defending, at trial and before the Ontario Court of Appeal, against ten lien and trust claims, which were struck out on the issue of lienability

  • Chambers Canada: Canada’s Leading Lawyers for Business: Recognized in Construction (Nationwide - Canada)
    • "He is very adaptable in terms of being able to deal with different types of ADR processes."
  • The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada: Recognized in Construction Law
  • The Canadian Legal Lexpert Directory: Recognized in Construction Law
  • Best Lawyers in Canada: Recognized in Construction Law and Public Procurement Law
  • Legal 500: Recognized in Public Procurement
  • Who's Who Legal: Recognized in Who’s Who Legal Canada
  • The Globe and Mail: Recognized in The Globe and Mail: Leading Infrastructure Lawyer in Canada

  • Volunteer, “Teaching Respect” Program to Combat Bullying in Toronto District School Board
  • Represented Family Day Care Services (Toronto) in a construction dispute
  • Represented Ronald McDonald House (Toronto) in a construction dispute
  • Anglican Church of the Redeemer, Project Team Committee regarding church renovation

  • Fellow, Construction Lawyers Society of America
  • Previously served as Chair, Ontario Bar Association Construction Law Section Executive
  • Law Society of Ontario

Roger has authored more than sixty papers in Construction Law journals and trade publications, and is frequently invited to chair and speak at conferences in the area. Roger has served as a Guest Lecturer in Construction Law at the University of Toronto Law School and George Brown College. Recent articles/conferences include:

  • Chaired Conference for the Law Society of Upper Canada: “Practice Gems: Construction Lien Essentials 2017”, and spoke as member of professionalism panel, on “Retainer Letters”, March 2, 2017 
  • “Proposed changes to the Construction Lien Act”, Royal Institute of Quantity Surveyors/Canadian Institute of Quantity Surveyors, Toronto, November 17, 2016. 
  • “Checklist for a Renovation Contract”, Law Society of Upper Canada Conference, 13th Annual Real Estate Law Summit, April 21, 2016.
  • “Stuart Olson Dominion Construction v. Structal Heavy Steel (SCC)”, Construction Sector In-house Counsel Forum, Toronto, April 7, 2016.
  • Chaired Conference for Law Society of Upper Canada, “Practice Gems: Construction Lien Essentials 2016”, and also spoke on panel, “Liening the Right Land”, March 9, 2016.
  • Best Practices in Dealing with Priorities Issues Between Mortgages and Liens, (Delivered Paper), Ontario Bar Association, Hot Topics in Construction and Infrastructure Law, Toronto, February 4, 2015.
  • Practice Gems: Construction Contracts for Real Estate Lawyers, (Conference Chair), The Law Society of Upper Canada, and spoke as member of panel, “Selected Topics in Professionalism in the Construction Context”, January 21, 2015.
  • The Electronic Registration of Liens (chapter), 3rd Edition of Kirsh and Alter: Guide to Construction Liens in Ontario (2011).