The Report was produced following extensive research and
consultation with over 60 stakeholders from across Ontario's
construction industry. Mr. Reynolds and Ms. Vogel invited and
received over 70 written submissions from industry groups and held
extensive stakeholder consultations over the course of three
In addition, Mr. Reynolds, Ms. Vogel and their team at BLG
consulted with construction law experts from around the world about
their experiences. The recommendations take into account the nature
of Ontario's construction industry and legal landscape, and the
recommendations drew upon the foundational knowledge and experience
of other countries including the United States, the United Kingdom,
Australia, Singapore, Malaysia, and Hong Kong.
An advisory group of subject matter experts was also invited to
participate in five meetings with Mr. Reynolds and Ms. Vogel for
the purpose of obtaining input in respect of the issues and working
to achieve consensus on certain fundamental issues.
The proposed legislation would address the following key
elements of reform identified in the report:
Modernization of the construction lien/holdback regime;
Promptness of payment; and
Modernization of construction dispute resolution including
through the use of adjudication.
After careful consideration of the report and recommendations,
Attorney General Yasir Naqvi has said that:
"Mr. Reynolds' and Ms. Vogel's report is a fair and
thoughtful assessment of the complex challenges faced by
today's construction industry. It provides balanced
recommendations based on diverse stakeholder opinions. I would like
to thank them for their work. I look forward to working with
industry groups as we draft legislation that reflects their
To ensure the proposed legislation is fair, balanced and
reflective of diverse stakeholder opinions, the Attorney General
and his Ministry has committed to a process to gather feedback on
the Report's recommendations by meeting with industry groups
throughout the fall of 2016.
The implications of the Report's recommendations to
Ontario's construction industry are significant. Moreover,
other Canadian provinces await these significant developments in
Ontario. Should you have any questions in relation to the Report or
the recommendations, please do not hesitate to contact us.
Russell v. Township of Georgian Bay provides a useful reminder of the fact that while municipal officials sometimes appear to hold all of the cards in disputes with home owners, that is not always the case.
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