Legge, Jennifer G.
Stikeman Elliott LLP
(416) 869-5660
jlegge@stikeman.com
Ms. Legge focuses on
financing/secured lending,
as well as M&A. She acts on
domestic and international
secured and unsecured
financings, project finance,
and ABL and equipment
financings, for borrowers
and lenders of all types.
Leung, B. Glenn
Terra Law Corporation
(604) 628-8988
gleung@terralawcorp.ca
Mr. Leung's practice involves
all aspects of commercial
real estate. He advises clients
on acquisitions, structuring,
partnering, financing, mu-
nicipal approvals, develop-
ment, construction, leasing
and sale of investment and
development property.
Lewis, Mark V.
Borden Ladner Gervais LLP
(604) 640-4143
mlewis@blg.com
Mr. Lewis's practice focuses
on the purchase and sale,
development, marketing and
leasing of residential, retail,
seniors housing, resort and
industrial projects across
BC, and he has extensive
experience financing com-
mercial real estate projects.
Leroux, Pierre-Denis
Blake, Cassels
& Graydon LLP
(514) 982-4121
pierredenis.leroux@blakes.com
Mr. Leroux advises consor-
tium and work providers
on infrastructure and P3s in
his real property and finan-
cial services practice. His
main focus is on mortgage
and real estate financing,
including securitization and
property development.
Lewis, Gregory D.
Bull, Housser & Tupper LLP
(604) 641-4923
gdl@bht.com
Mr. Lewis, who leads the
firm's Business Department,
focuses on commercial
transactions and financings
in infrastructure, energy
and other industry sectors.
His experience includes
PPPs, as well as hydro and
co-generation projects.
Lissoir, Luc
Gowling Lafleur
Henderson LLP
(514) 392-9571
luc.lissoir@gowlings.com
Mr. Lissoir focuses on P3s,
project financing, PE, M&A
and Corporate Finance. He
acts for consortiums, de-
velopers and lenders on infra-
structure matters and major
asset managers on fund for-
mation and investments in
Canada and internationally.
PROMPT PAYMENT
|
21
surrounded prompt payment legislation,"
says Karen Martin, a partner at Dentons
Canada LLP (and a committee member) in
Vancouver, "but that issue is front and cen-
tre in this initiative."
e committee intends to propose dra
legislation, says Martin. Like Ontario, BC's
experts haven't decided whether to propose
separate legislation on prompt payment
or include provisions within the Builders
Lien Act, "e purpose of prompt payment
legislation is to facilitate cash flow from
the owner down to the general contractor
down to the subcontractors," says Martin.
"Some of the provisions in the Builders
Lean Act facilitate that cash flow, but not in
the direct way that proposed prompt pay-
ment legislation would."
One idea being considered is the elimi-
nation of "set-off " rights. Under the cur-
rent law, once a project has been certified
as complete, the owner can still hold back
funds (set-offs) to cover the cost of fixing
work deficiencies. ese could be elimi-
nated. ere might also be a prohibition
on "pay when paid" clauses. In contracts,
the general contractor stipulates to sub-
contractors that their bills won't be paid
until the general contractor has submitted
them to the owner and received payment
for them.
e real problem
to be addressed, says
Martin, is the lack
of a quick, effective
dispute resolution
mechanism. In the
UK and Australia, she
says, prompt payment
legislation provides for
adjudication to settle
payment disputes. In
a tight timeframe, a
third party (an "adjudicator") determines
whether money is owing or not, or whether
an owner should be able to exercise set-off
rights for a deficiency. "It is extremely rare
that the unsuccessful party in an adjudica-
tion appeals and takes the dispute to a trial
or arbitration later," she says. "It's a success-
ful process."
"THERE ARE DIFFERENT LIEN RIGHTS AND DIFFERENT TIMELINES
FOR LIENING DEPENDING ON WHETHER YOU'RE A GENERAL
CONTRACTOR OR A SUBCONTRACTOR. ONE OF THE CHANGES
UNDER CONSIDERATION IS TO AMEND THE DEFINITIONS IN THE
ACT TO BETTER ACCORD WITH THE REALITIES OF P3 PROJECTS."
– Roger Gillott, Osler, Hoskin & Harcourt LLP
In British Columbia, the government in
April 2014 asked the British Columbia Law
Institute to launch a comprehensive over-
haul of the Builders Lien Act. Senior law-
yers who represent the various construction
stakeholders serve on a committee formed
to carry out this two-year project. "e
process pre-existed all the publicity that
