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Construction Litigation


Our litigation lawyers have a thorough knowledge of Canadian construction practices and processes. Many of our lawyers have engineering and mining experience, which gives them an understanding and ability that goes beyond the law.
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Overview

Disputes can have detrimental impacts on a project and ultimately, your business. Successfully managing, mitigating and resolving construction disputes requires a high degree of legal specialization. Our Construction Litigation group understands how important timely, effective resolution is for disputes that occur on projects.

When disputes arise on projects, our lawyers work proactively with project teams, management, experts and insurers to resolve them in a strategic and cost effective manner, whether through referee processes, negotiation, or mediation. In cases where disputes can only be resolved through arbitration or litigation, our group has the depth, knowledge and experience to vigorously represent your interests in any kind of construction dispute. Our team has extensive hands-on experience in all types of construction claims.

We represent owners, contractors, design professionals and insurers in a broad range of construction related disputes. Clients rely on us to provide leading legal expertise to advance their interests on some of the most complex construction projects in Canada and throughout the world.

Members of our Construction Law Team have been certified by the Law Society of Upper Canada as Construction Law Specialists.

Team

Primary Contacts
  • Eric Simard, Partner | CO-LEADER, LITIGATION AND DISPUTE RESOLUTION, Montréal, QC, +1 514 397 5147, [email protected]
  • Alex Kotkas, Partner | Managing Partner, Alberta Region, Calgary, AB | Tsuut'ina, AB, +1 403 261 5358, [email protected]
  • Karen Wyke, Partner | Litigation and Dispute Resolution, Calgary, AB, +1 403 261 5357, [email protected]
  • Tania Siciliano, Partner | Litigation and Dispute Resolution, Johannesburg, +27 11 586 6028, [email protected]
  • Annie Bernard, Partner | Construction Law, Montréal, QC, +1 514 397 5175, [email protected]
  • Kateri-Anne Grenier, Partner | CO-LEADER, PRIVACY & CYBERSECURITY, Québec, QC, +1 418 640 2040, [email protected]
  • Edward W. Lynde, FCIArb, Q.Arb, Partner | Construction Litigation, Toronto, ON, +1 416 865 4435, [email protected]
  • Nora Kharouba, Partner | Construction Law, Toronto, ON, +1 416 865 5163, [email protected]
  • David Curtis, Partner | Construction Litigation, Vancouver, BC, +1 604 631 4827, [email protected]
  • Michael Parrish, Partner | Litigation and Dispute Resolution, Vancouver, BC, +1 604 631 4863, [email protected]
Eric Simard, Partner | CO-LEADER, LITIGATION AND DISPUTE RESOLUTION Eric Simard Partner | CO-LEADER, LITIGATION AND DISPUTE RESOLUTION Montréal, QC +1 514 397 5147
Alex Kotkas, Partner | Managing Partner, Alberta Region Alex Kotkas Partner | Managing Partner, Alberta Region Calgary, AB Tsuut'ina, AB +1 403 261 5358
Karen Wyke, Partner | Litigation and Dispute Resolution Karen Wyke Partner | Litigation and Dispute Resolution Calgary, AB +1 403 261 5357
Tania Siciliano, Partner | Litigation and Dispute Resolution Tania Siciliano Partner | Litigation and Dispute Resolution Johannesburg +27 11 586 6028
Annie Bernard Montréal Partner/Associée Annie Bernard Partner | Construction Law Montréal, QC +1 514 397 5175
Kateri-Anne Grenier Kateri-Anne Grenier Partner | CO-LEADER, PRIVACY & CYBERSECURITY Québec, QC +1 418 640 2040
Edward Lynde Toronto Lawyer Edward W. Lynde, FCIArb, Q.Arb Partner | Construction Litigation Toronto, ON +1 416 865 4435
Nora Kharouba Toronto Lawyer Nora Kharouba Partner | Construction Law Toronto, ON +1 416 865 5163
David Curtis, Partner | Construction Litigation David Curtis Partner | Construction Litigation Vancouver, BC +1 604 631 4827
Michael Parrish, Partner | Litigation and Dispute Resolution Michael Parrish Partner | Litigation and Dispute Resolution Vancouver, BC +1 604 631 4863

Experience

  • BC Hydro successfully resists Surrey’s application for leave to appeal the BC Utilities Commission’s order setting terms of use for BC Hydro facilities on municipal land, [Case - BC Hydro and Power Authority], BC Hydro wins court dispute against City of Surrey
  • Valosphère: Québec Court of Appeal Upholds Stay of AMP Decision, [Case - Valosphere Environnement Inc.], The Québec Court of Appeal upholds the stay of an AMP decision.
  • Court dismisses application for judicial review of Roberts Bank Terminal 2 approval, [Case - Vancouver Fraser Port Authority], VFPA wins key Federal Court case, advancing new marine terminal project
  • WSP Global completes a $920 million equity offering, [Deal - CIBC World Markets Inc], Bought deal offering in the strategic advisory, engineering and design services industry.
  • Mount Polley Mining Corporation and Imperial Metals entirely successful in defending claims made against them and in their counterclaims brought against a contractor, [Case - Imperial Metals Corporation and Mount Polley Mining Corporation], We represented Mount Polley Mining Corporation and Imperial Metals Corporation in an arbitration regarding claims by and against a dredging contractor engaged to remove tailings which had been stored in mine pit while the tailings storage facility was rebuilt.
  • Site C Litigation, [Case - BC Hydro and Power Authority], Advised BC Hydro & Power Authority on a number of challenges to Site C project approvals.
  • Dissolution and liquidation of a consortium and claims for damages, [Case - RSWI International], RSW International Inc. v. Société canadienne de transfert technologique (SCaTT 2003) inc. et al. - dissolution and liquidation of a consortium and claims for damages. A Fasken team composed of Christine Provencher and Éric Simard represents RSWI International Inc. in connection with this man...
  • Blockades on Canadian Pacific Railway Company’s Railways Across Canada, [Case - Canadian Pacific Railway Company], This matter is in connection with the highly publicised file of the various blockades across Canada. A first blockade in the Province of Québec took place since February 8, 2020, in the Kahnawake Mohawk Territory, alongside the railways owned and operated by the Canadian Pacific Railway Company w...
  • Defense of a $14M USD claim brought against a major contractor by a material supplier, [Case - Major International Contractor], $14M USD claim brought by the material supplier

Knowledge

  • Redefining Design-Build: Key Updates in CCDC 14 (2026) and the Launch of CCDC 32 (2026), 6/18/2026
  • Commentary on the Decision in Jean c. Municipalité de Saint-Stanislas-de-Kostka: Superior Court Condemns Municipal Bad Faith and Upholds Landowners’ Legitimate Expectations, 3/19/2026
  • BC Construction Prompt Payment Act Receives Royal Assent, 12/11/2025
  • Proposed Regulations to the Ontario Construction Act: What You Need to Know, 9/15/2025
  • Bill 216 and Amendments to the Ontario Construction Act, 11/18/2024
  • Construction Law: Fact Versus Fiction, 6/3/2024
  • The “Gatekeeper Function” – A Lawyer’s Potential Liability in the Registration of Construction Liens, 4/10/2024
  • Fasken Institute in Brief – Review of Important Decisions in 2023, 2/15/2024
  • The Choice of Recourse in a Disguised Expropriation Matter is Formally Recognized by the Superior Court of Québec in the Case of Sommet Prestige Canada Inc. v. Ville de Saint-Bruno-de-Montarville., 4/6/2023
  • Construction Work, Blasting and Contamination of Artesian Wells: Who is Responsible?, 3/14/2023

Events

  • Fasken’s Construction and Infrastructure Conference, 11/19/2025
  • Conference on Construction and Infrastructure Law, 11/13/2024
  • Review of Important Decisions in 2023, 1/10/2024
  • 2023 Conference on Construction Law, 11/29/2023
  • Reform of the act respecting land use planning and development and new authorities, 6/7/2023
  • Colloque-Construction-et-Infrastructure, 11/30/2022
  • Fasken Presents its Seminar Series in Surrey, 12/9/2021
  • The Construction Industry and the Challenges of COVID-19, 5/21/2020

News

  • CBC News quotes Sarah Turney in an article on the implications of reversing the decision to open the Greenbelt, 10/11/2023
  • Fasken Recognized in The Legal 500 EMEA across Nine Practice Areas, 5/11/2022
  • Fasken Recognized in The Legal 500 EMEA across Nine Practice Areas, 4/22/2021
  • 61 Fasken Lawyers in 23 Practice Areas Recognized in the 2020 Chambers Global Guide, 2/14/2020
  • Fasken Receives High Recognition in the 2019 Canadian Legal Lexpert Directory, 4/22/2019
  • Fasken’s Litigators Listed in Benchmark Litigation Canada 2019 Guide, 3/29/2019
  • Gordie Howe International Bridge Project Awarded Lexpert®’s Canadian Deal of the Year 2018, 2/15/2019
  • 55 Fasken Lawyers in 26 Practice Areas Firm-wide Recognized in the 2019 Chambers Global Guide, 2/14/2019
  • Building Bridges - The Fasken role in the creation of the Gordie Howe International Bridge, 10/23/2018
  • Fasken Wins Labour and Employment Law Firm of the Year in the 2019 Best Lawyers in Canada Guide, 8/21/2018

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