Ivanoff, Paul A.
Osler, Hoskin
& Harcourt LLP
(416) 862-4223
pivanoff@osler.com
Mr. Ivanoff is a partner in the
Litigation Department of
Osler. His practice focuses
on the litigation and arbitra-
tion of disputes related to
infrastructure and construc-
tion projects including
power projects, subways
and industrial facilities.
Jenkins, William K.
Dentons Canada LLP
(403) 268-6835
bill.jenkins@dentons.com
Mr. Jenkins represents bor-
rowers or lenders in connec-
tion with domestic or cross-
border project financings,
syndicated credit facilities,
private or public placements
of debt securities and joint
ventures, particularly in
energy and transportation.
Johnson, Philippe
Davies Ward Phillips
& Vineberg LLP
(514) 841-6501
pjohnson@dwpv.com
Mr. Johnson is a partner in
the Corporate/Commer-
cial, M&A, Commercial
Real Estate & Infrastructure
practices. He is advising CSX
Transportation, a leading
North American railway
company, with respect to
its development of vari-
ous projects in Quebec.
Jackson, Richard J.
Stikeman Elliott LLP
(604) 631-1357
rjackson@stikeman.com
Mr. Jackson is a partner in
the Commercial Real Estate
Group and head of the Van-
couver real estate team. His
practice includes all aspects
of commercial and residen-
tial real estate transactions,
including acquisitions, sales,
leasing and development.
Johannsen, Helmut K.
Fasken Martineau
DuMoulin LLP
(604) 631-4819
hjohannsen@fasken.com
Mr. Johannsen's practice
is focused on all aspects of
construction, engineering
and procurement law.A
registered engineer, He has
considerable experience in
PPP, dispute resolution, liti-
gation and has acted on rapid
transit and pipeline projects.
Jolicoeur, Marc M.
Borden Ladner Gervais LLP
(613) 787-3515
mjolicoeur@blg.com
Mr. Jolicoeur focuses on
crown corporations and
public institutions in his
corporate-commercial prac-
tice. His advice embraces
P3s, infrastructure projects,
contract reviews, corporate
matters, strategic alliances,
financing and governance.
18
|
PROMPT PAYMENT
LEXPERT
®
RANKED LAWYERS
at filters all the way down the pyramid to
the guys supplying the nails and the lumber."
Canadian provinces lag behind other
jurisdictions, which have prompt payment
legislation in place: 49 US states have it
for public-sector projects, 31 US states for
the private sector, the US federal govern-
ment has had it since 1982. e European
Union, Great Britain, Ireland, New Zea-
land and Australia all have prompt pay-
ment legislation.
In Ontario, the Attorney General an-
nounced in March 2014 that the province
would review the Construction Lien Act
"THERE'S A DEBATE OVER WHETHER TRUST
FUNDS SHOULD BE RETAINED IN A SEPARATE ACCOUNT.
IN AN INSOLVENCY SITUATION, WHAT HAPPENS
WHEN THE TRUST FUNDS HAVEN'T BEEN PROPERLY
SEGREGATED BEFORE THE INSOLVENCY?"
– Howard Krupat, DLA Piper LLP
(CLA) in response to stakeholder concerns
over prompt payment in the construction
industry. e CLA provides a system of
liens, hold-backs and trust provisions in-
tended to give financial protection to those
supplying services or materials to a project.
Bruce Reynolds, the province's appoint-
ed construction lawyer, and a senior partner
at Borden Ladner Gervais LLP, is to head
an expert review panel. e move followed
the Legislative Assembly's failure to pass
Bill 69, prompt payment legislation spon-
sored by a private member (see below). e
expert review is expected to be finished by
the end of 2015.
"It would make sense to make changes
within the scope of the existing CLA,"
says Howard Krupat, a partner at DLA
Piper LLP. "It could become unwieldy
to have a separate piece of legislation [on
prompt payment]."
In addition to prompt payment provi-
sions, the CLA is up for review in other
respects. e statute was enacted before
the advent of P3 infrastructure projects, so
does not take account of the P3 structure.
For example, projectco – the private-sector
consortium that is positioned between the
government owner and the general contrac-
tor – is not recognized in the CLA, which
assumes a traditional structure of an owner
hiring a general contractor.
