Nicholas ReynoldsFCIArb, Q.Arb

Related Lawyers by Expertise

Experience

Served as part of the legal team representing:

• An engineering, procurement and construction (EPC) contractor with respect to claims arising out of a $1.3 billion wind energy project in Northern Ontario
• An owner in relation to a multi-billion dollar cross-border transportation infrastructure project.
• A joint venture in relation to a $100 million contract for the construction of a public market building.
• A surety bonding company in relation to multiple performance bond and labour and material payment bond claims arising out of a transportation infrastructure project in Ontario.
• A municipality in Ontario in relation to claims arising out of the design and construction of a light rail project.
• A general contractor with respect to claims arising from the renovation of an existing healthcare facility in Ontario.
• A Crown agency in relation to claims arising out of the design and construction of multiple light rail projects.
• A general contractor specializing in affordable housing, with respect to a $60 million municipal housing project.
• A specialty drilling subcontractor with respect to the construction of a highway overpass and associated infrastructure.
• A general contractor with respect to the design and construction of a $100 million long-term care facility.

Publications

• Co-author, “RH20 North America Inc. v. Bergmann: Unintentional Waiver of Arbitration,” July, 2024
• Co-author, “Walsh Construction v. Toronto Transit Commission: Guidance and Questions on Complex Delay and Disruption Claims, Expert Witnesses, and Flow-Through Claims,” June, 2024
• Co-author, “MGW Homes Design Inc. v. Pasqualino: Non-Compliance with Notice Requirement is not Fatal to Enforcement of Statutory Adjudication Determination,” June, 2024
• Co-author, “Coinbase Inc. v. Suski: Arbitrability in the Context of Conflicting Agreements – Who Decides?,” June, 2024
• Co-author, “La Française IC 2 v. Wires: Abuse of Process in Arbitral Enforcement Proceedings,” June, 2024
• Co-author, “Canadian Flight Academy v. City of Oshawa: “With Prejudice” Label not Fatal to Settlement Privilege,” June, 2024
• Co-author, “Earthco v Pine Valley: Contractual and Statutory Interpretation Collide in the Sale of Goods,” June, 2024
• Co-author, “MGW-Homes Design Inc. v Pasqualino: The Proper Appeal Route for Judgments Involving Statutory Adjudication,” May, 2024
• Co-author, “Country Comparative Guides – Canada – Construction,” Legal 500/Legalease, May, 2024
• Co-author, “TruGrp Inc. v. Karmina Holdings Inc. Re-evaluating Standard Language in Letters of Credit for Lien Security,” May, 2024
• Co-author, “Supreme Surprise: Greater Sudbury decision reveals potential risks for project owners associated with different project delivery models,” ReNew Canada Magazine, May/June, 2024
• Co-author, “Campbell v. Toronto Standard Condominium Corporate No. 2600: Constructive Fraud is Not Fraud for the Purpose of Set-Aside Applications,” April, 2024
• Co-author, “Eurobank Ergasias S.A. v. Bombardier Inc: Letters of Credit and the Fraud of Third Parties,” April, 2024
• Co-author, “IBA Guidelines on Conflicts of Interest in International Arbitration: Recent Amendments,” April, 2024
• Co-author, “Arbitration – Canada,” Lexology Panoramic, March, 2024
• Co-author, “Proposed National Building Code Changes for Encapsulated Mass Timber Buildings,” March, 2024
• Co-author, “Bennington Financial Corp. v. Medcap Real Estate Holdings Inc.: The Limits of the Immediate Disclosure Rule,” March, 2024
• Co-author, “CVV v CWB: The Nature of Set-Aside Applications and Adequacy of the Tribunal’s Reasons,” March, 2024
• Co-author, “CZT v CZU: Arguments not Pleaded and Ex Parte Communications in Arbitration,” February, 2024
• Co-author, “Ledore v Dixin: Procedural Fairness and the Limits of Rough Justice,” February, 2024
• Co-author, “Schickedanz v. Wagema Holdings: The Costs of Arbitral Costs Awards,” February, 2024
• Co-author, “Clock’s Ticking – 3 Gill Homes Inc. v. 5009796 Ontario Inc. (Kassar Homes), ‘Time is of the Essence’ Clauses and “Harsh” Outcomes,” January, 2024
• Co-author, “Viceroy Homes v Jia Development Inc: The Consequences of Frivolous, Vexatious, or Abusive Liens,” January, 2024
• Co-author, “Tenoes Construction v Pinto: The Importance of Compliance with Timetables in Construction Lien Actions,” January, 2024
• Co-author, “Ontario Securities Commission v Go-To Developments: The Limits of Solicitor-Client Privilege in a Receivership,” January, 2024
• Co-author, “The FIDIC Practice Note on Dispute Boards – Lessons for Canada,” January, 2024
• Co-author, “Davis v. Amazon: A High Threshold for Staying Litigation, A Low Threshold for Precluding Class Arbitration,” December, 2023
• Co-author, “Backyard XP Inc v. Cesario-Valela: Limitations on Issuance of Third Party Claims Under the Construction Act,” December, 2023
• Co-author, “Gay Company Limited v. 962332 Ontario Inc: The Meaning of “Registration” under the Construction Act and Land Titles Act,” December, 2023
• Co-author, “Emek Insaat Sti Ltd v European Union and the Fourth Arbitrator: The Limits of the Arbitral Secretary’s Role,” December, 2023
• Co-author, “I Take it Back – Praxy Cladding Corp. v. Stone Lamina Inc. and the Withdrawal of Admissions from Pleadings and Examinations for Discovery,” December, 2023
• Co-author, “FamilyMart China Holding Co Ltd v Ting Chuan (Cayman Islands) Holding Corporation: Dividing Disputes Between Arbitration and Court,” November, 2023
• Co-author, “Country Comparative Guides – Canada – International Arbitration,” The Legal 500/Legalease, November, 2023
• Co-author, “Symtech Innovations Ltd. v. Siemens Canada Limited: The Importance of Giving Timely Notice of Claims in Ontario,” November, 2023
• Co-author, “The Implications of Repeat Arbitral Appointments: Aroma Franchise Company v Aroma Espresso,” The Canadian Journal of Commercial Arbitration, Volume 4, Issue 1, October, 2023
• Co-author, “Ponce v. Société d’investissements Rhéaume ltée: Good Faith and the Measure of Damages in Québec,” October, 2023
• Co-author, “Song Lihua v Lee Chee Hon: The Right to be Heard Requires an Arbitrator’s Full Attention (Don’t Drive While Arbitrating),” October, 2023
• Co-author, “Sjostrom Sheet Metal v Kelson: Transparency and Effective Communication in Non-Fixed Price Construction Contracts,” October, 2023
• Co-author, “Construction Arbitration in Canada,” The Guide to Construction Arbitration, Global Arbitration Review, October, 2023
• Co-author, “Sundance Development Corporation v. Islington Chauncery Residences Corp.: The Risks of Accepting an Uncertain “Repudiation” of Contract,” October, 2023
• Co-author, “C v D: Compliance with Pre-Arbitration Conditions — A Question of Admissibility Rather than Jurisdiction,” October, 2023
• Co-author, “Grupo Unidos Por El del Canal, S.A. et al v. Autoridad del Canal de Panama: Disclosure Obligations and Partiality in Arbitration Revisited,” September, 2023
• Co-author, “Sky Power v IrAero: Remote Arbitration Hearings May Create Difficulties for the Parties, But are Unlikely to Cause Prejudice,” September, 2023
• Co-author, “Mattamy (Downsview) Limited v. KSV Restructuring Inc. (Urbancorp): Procedural Fairness in Arbitral Proceedings,” July, 2023
• Co-author, “Devlan Construction Ltd v SRK Woodworking Inc: Joinder of Trust and Lien Claims is Not Permissible Under Ontario’s Construction Act,” July, 2023
• Co-author,  “Arad Incorporated v Rejali et al: Court Wary of Returning Security in Lien Claims on the Sole Basis of Statutory Adjudication,” July, 2023
• Co-author, “CZT v CZU: Deliberative Secrecy in Arbitration,” July, 2023
• Associate Editor, “A Guide to Canadian Construction Insurance Law,” 2nd Edition, Thomson Reuters, 2023
• Co-author, “Bhatnagar v. Cresco Labs Inc.: Clarifying the Duty of Honest Performance and the Presumption of Loss,” June, 2023
• Co-author, “Getting the Deal Through Construction: Canada,” Lexology, June, 2023
• Co-author, “Haider v Rizvi: Implications of Failing to Prescribe Form and Content of a Release,” June, 2023
• Co-author, “Kingsgate Property Ltd. v. Vancouver School District No. 39: Issue Estoppel and Prior Arbitrations under the Same Agreement,” May, 2023
• Co-author, “The Estate of Arbabbahrami v. MSH International (Canada) Ltd.: Implications for “War” and “Military or Usurped Power” Insurance Exclusions and Force Majeure Clauses,” May, 2023
• Co-author, “Husky Food Importers & Distributors Ltd v. JH Whittaker & Sons Limited: Ontario’s New Test for Staying Litigation in Favour of Arbitration to Determine the Validity of an Arbitration Agreement,” May, 2023
• Co-author, “Limits on the Presumption of Consistent Expression in Contracts: Baffinland Iron Mines v. Tower-EBC,” April, 2023
• Co-author, “Judicial Support for Expert Determination as a Dispute Resolution Alternative: KHM Cardiology Centres v Lambardar,” April, 2023
• Co-author, “Getting the Deal Through – Arbitration,” Lexology, March, 2023
• Co-author, “Aroma Franchise Company v Aroma Expresso: Guidance and Questions on Disclosure Obligations and Reasonable Apprehension of Bias in Arbitration,” March, 2023
• Co-author, “Peace River v Petrowest: Lessons Learned for the Construction & Infrastructure Industry,” November, 2022
• Co-author, “Country Comparative Guides – Canada – International Arbitration,” The Legal 500/Legalease, November, 2022
• Co-author, “Getting the Deal Through Construction: Canada,” Lexology, June, 2022
• Co-author, “Construction Law (Canada) Chapter,” Chambers Global Construction Law Guide, 2022, 2023, 2024
• Co-author, “Getting the Deal Through – Arbitration,” Lexology, February, 2022
• Co-author, “Getting the Deal Through – Arbitration,” Lexology, July, 2021
• Co-author, “Carillion, the Companies’ Creditors Arrangement Act and Construction Lien Act Trusts: Confusion (again) regarding certainty of subject matter and commingling of funds,” May, 2021
• Co-author, “Wastech v Greater Vancouver Sewerage: Uncertainty Remains,” March, 2021
• Co-author, “Callow v Zollinger: Developments in the Duty of Honest Performance and Good Faith’s Uncertain Future,” December, 2020
• Co-author, “Atlantic Lottery Corp v Babstock: Waiver of Tort Steps Out of the 17th Century, but Uncertainty Persists,” August, 2020
• C0-author, “Uber v Heller – The Evolution of Unconscionability,” July, 2020
• Co-author, “Construction Act to be Exempt from Suspension of Procedural Time Limits,” April, 2020
• Co-author, “COVID-19 – Health and Safety Implications,” March, 2020
• “CM Callow Inc. v. Zollinger: The Relevance of Good Faith in Terminating Construction Contracts,” October, 2019
• “Two Views of the Cathedral: Civilian Approaches, Reasonable Expectations, and the Puzzle of Good Faith’s Past and Future,” (2019) 44:2 Queen’s Law Journal 127
• “Class Proceedings and the Future of Boilerplate in Consumer Contracts: Unconscionability as a Common Law Solution to Class Action Avoidance,” (2018) 13:2 Canadian Class Action Review 227
• “The New Neighbour Principle: Reasonable Expectations, Relationality, and Good Faith in Pre-Contractual Negotiations,” (2017) 60:1 Can Bus LJ 94
• “Dead or Alive? The Future of Entire Agreement Clauses,” (2016) 1 J Can C Construction Law 155, co-authored with Markus Rotterdam
• “Nothing to Fear: Judicial Restraint Post-Bhasin,” (2016) 32:6 Construction Law Letter
• “Case Comment on Yorkwest Plumbing v Nortown,” Ontario Bar Association Newsletter (May 27, 2016), online: http://tinyurl.com/gtsvc5a

News

November 05, 2019

Greater Vancouver Sewerage and Drainage District v. Wastech Services Ltd: Good Faith and the Exercise of Contractual Discretion

October 31, 2019

CM Callow Inc. v. Zollinger: The Relevance of Good Faith in Terminating Construction Contracts

June 02, 2024

Earthco v Pine Valley: Contractual and Statutory Interpretation Collide in the Sale of Goods

June 27, 2024

Who’s Who Legal/Lexology Highlight Singleton Reynolds Lawyers and Name North America’s Best Construction Law Global Thought Leaders from the Firm

September 28, 2023

Singleton Reynolds Recognized as a Top Law Firm by Chambers Canada

June 15, 2023

Singleton Reynolds Contributes Construction Chapter to Lexology’s Global Getting the Deal Through Series

March 18, 2020

COVID-19 – Health and Safety Implications

July 02, 2019

Singleton Reynolds Welcomes New Associate Nicholas Reynolds

July 03, 2019

Webnesh Haile Appointed to the Advocates’ Society’s Young Advocates Standing Committee