• Duty to Accommodate
    February 9, 2018
    8:30 am - 11:00 am
  • Dispute Resolution & Construction Claims
    March 9, 2018
    8:30 am - 11:00 am
  • Winnipeg Construction Association - Burnell Room
    1447 Waverley Street, Winnipeg, Manitoba

TDS is proud to team up with Winnipeg Construction Association and present you with series of law topics designed for the construction industry. Learn More here

The Builders’ Liens Act

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November 10, 2017

Understanding the purpose and function of the Manitoba Builders’ Liens Act is a valuable asset in the construction industry. Be at the forefront of this topic as we discuss the types of construction activity which create lien rights, the process and procedure of registering a lien claim, enforcement of lien claims, the proper administration of holdbacks, and a review of trust provisions arising under the Act. This session also includes a discussion on some of the most recent lien cases to come before the Courts in Manitoba and across Canada.

The session is ideal for: Management, owners, procurement professionals, project managers, supervisors and support staff.

Facilitator: Jonathan Woolley, Partner, Thompson Dorfman Sweatman LLP

Jon’s practice is focused primarily on construction law and civil litigation, currently providing advice to owners, architects, engineers, general contractors, subcontractors, and suppliers in all aspects of construction law. Jon has experience in the drafting and negotiation of construction agreements, procurement matters, tendering issues, construction insurance issues, and builders’ liens, as well as providing advocacy services for mediations, arbitrations, regulatory proceedings, and litigation. Jon also provides general commercial litigation and dispute resolution services with respect to insurance, landlord and tenant, and environmental matters.

 

Construction Contracts

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December 15, 2017

Need a review of commonly used construction contracts, including CCDC and CCA contracts? Get a refresher on some of the typical provisions contained in construction contracts and examine how different risks are allocated throughout a contract. This session will also feature a discussion on commonly litigated provisions of contracts making reference to recent decisions in Manitoba and across Canada.

The session is ideal for: Architects, engineers, estimators, interior designers, management, owners, procurement professionals, project managers, supervisors and support staff.

Facilitator: Bailey Harris, Partner, Thompson Dorfman Sweatman LLP

Bailey is the Vice-Chair of the Manitoba Bar Association Construction Law Section and is a partner at Thompson Dorfman Sweatman LLP.  She focuses her practice on all areas of the construction industry and acts for owners, general contractors and subcontractors in construction disputes and other construction projects including tendering and procurement, contract review and drafting, and workplace safety and health.

Bailey’s practice is also focused in the areas of civil and commercial litigation, administrative law, and professionally regulated self-governing professionals. Bailey acts as counsel in proceedings before the all levels of Court in Manitoba, arbitrators, adjudicators, labour boards, and human rights tribunals.  She also acts as council in alternative dispute resolution forums such as private mediations and judicially assisted dispute resolution (JADR).

 

Tendering and Procurement

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January 19, 2018

This session will cover the law of bidding and tendering, current issues, and best practices. Topics include the forms and terms of tenders, bid security, bid depositories, and court decisions that have affected the process.

The session is ideal for: Management, owners, procurement professionals, project managers, supervisors and support staff.

Facilitator: Lisa Stiver, Partner, Thompson Dorfman Sweatman LLP

Lisa Stiver’s practice focuses on corporate and commercial law, with particular emphasis on tendering and procurement.  Lisa has significant experience in providing procurement advice the area of information technology systems and construction projects.  She has acted as lead external counsel in providing strategic advice throughout all stages of procurement processes for major capital acquisitions and projects, including developing the legal framework for the procurement process, drafting tender documents and contracts, and contract negotiations in negotiated-RFP scenarios.

 

Duty to Accommodate

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February 9, 2018

There are many reasons why the Duty to Accommodate (DtA) can be triggered, the requirements of which will literally be different in every case – making the DtA  a moving target in terms of knowing what to do, how to do it, and why in some cases. This session outlines the DtA triggers;  where reasonable accommodations must be made; why the employer has a “right” to discriminate; what constitutes a bona fide and reasonable cause; and when “to the point of undue hardship” is met.

The session is ideal for: Management, owners, procurement professionals, project managers, human resource professionals and supervisors.

Facilitator:Rob Olson, Partner, Thompson Dorfman Sweatman LLP

Rob’s practice is focused in the area of Labour and Employment. He has significant experience in unionized workplaces, and acts primarily for employers, but also unions and employees, and does independent workplace investigations, thereby providing a unique advantage for clients.  He also handles Pension Law issues for clients, in addition to advising and defending employers in Workplace Safety and Health inspections, investigations, and charges.

Rob is also very experienced in assisting clients with matters before human rights commissions and labour boards, providing advice, preparing written submissions, and appearing as counsel in a variety of cases. In addition to his labour and employment practice, Rob also provides advice to clients in workplace, safety and health matters, and has appeared before a variety of administrative tribunals and Government Inquests and Inquiries, particularly in matters involving Health Law.

Rob works closely with human resource professionals in all workplace matters, including investigation of workplace harassment, discrimination, and other respectful workplace issues. His invaluable experience in providing representation on both sides of varied workplace matters provides Rob with a unique capacity to serve as a neutral investigator in a wide range of workplace investigations.

 

Dispute Resolution and Construction Claims

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March 9, 2018

Gain insight on the anatomy of a construction claim from its origins to its resolution. In this session, you will acquire practical suggestions on how to properly provide notice of a claim and proper documentation of claims. This session will also include all forms of dispute resolution, from negotiation to mediation to arbitration or litigation, and will cover the process, timelines, costs, and pros and cons of each dispute resolution process.

The session is ideal for: Architects, engineers, estimators, interior designers, management, owners, procurement professionals, project managers and supervisors.

Facilitator: Meghan Ross, Associate, Thompson Dorfman Sweatman LLP

Meghan’s practice is focused predominantly on civil litigation, with an emphasis on construction litigation.  Meghan acts and assists on a wide variety of construction disputes, including representation of owners, contractors and subcontractors in claims arising during construction, as well as those involving product liability, delay, cost overruns, faulty workmanship and builders’ liens.

Meghan also has experience assisting clients with a variety of legal issues in a broad range of areas, including contractual disputes, negligence, personal injury, debtor/creditor litigation, terminations and wrongful dismissals. Meghan articled with Thompson Dorfman Sweatman LLP in 2012 and joined the firm as an associate in 2013.