Ethan McCarthy

Ethan McCarthy

Associate, Construction

Toronto

(416) 862-6752 

[email protected]

Bar Admission: Ontario, 2015 |

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Areas of Expertise

The key focus of Ethan’s practice is front-end solicitor work for the procurement, design, engineering, construction and administration of a broad range of energy, commercial and industrial construction and infrastructure projects, including overall project structuring and preparation and negotiation of contracts and related procurement documents required to successfully deliver these projects.

In his time at Osler Ethan has worked on a number of high-profile construction, infrastructure and energy matters. He has been involved in various facets including project development, financing, procurement, contract negotiation and contract administration issues.

Ethan is a civil engineer by trade, and prior to entering the legal profession he worked for a number of years in Washington, DC, in the field of construction project management and green building. His diversity of experience means Ethan possesses a unique understanding of the impact of construction related issues on the business operations of his clients.

Areas of Expertise

Representative Work

  • Greater Toronto Airports Authority, on the planning, commercial strategy, procurement and contracting for the Accelerator Program and T1/T3 Revitalization Program on Pearson LIFT ( Long-term Investments in Facilities and Terminals).
  • Bruce Power, with respect to the preparation and negotiation of design, engineering, services and equipment supply contracts for the refurbishment of the nuclear reactors at the Bruce A Generating Station and Bruce B Generating Stations in Kincardine, Ontario.
  • City of Toronto, on the procurement and contracting of various construction contracts for the expansion and renovation of BMO Field in preparation for the 2026 FIFA World Cup.
  • Sanofi Pasteur Limited, on the preparation and negotiation of design, construction and O&M contracts for various capital projects at the Sanofi Toronto Campus, the largest biomanufacturing site in Canada, including its $180 million Energy Project to develop critical energy and wastewater treatment infrastructure.
  • CIBC, on the CIBC Square major design and construction interior tenant fit-out initiative of two office towers spanning 3 million square feet.
  • Independent Electricity System Operator, on the development of program documents for various programs under the 2021-2024 Conservation and Demand Management Framework.
  • Various municipalities in Ontario, on the drafting and amendment of design and construction contracts and internal processes to address the prompt payment and adjudication regimes implemented by the Construction Act in 2019.
  • Algonquin Power, on the preparation and negotiation of EPC contracts and equipment supply contracts for various wind, solar and thermal projects in Saskatchewan and the United States and the related financings for these projects.
  • Bank of Montreal, Royal Bank of Canada and other major Canadian Banks, on the preparation of requests for proposals and accompanying design build agreements or supplementary conditions to the CCDC suite of documents for various capital projects.
  • Northland Power, on the construction contracts, equipment supply contracts and EPC contracts for various wind, solar and thermal projects in Ontario, Alberta and Saskatchewan.
  • Atomic Energy of Canada Limited, on the procurement, design and construction of a nuclear waste facility in Ontario, Canada.
  • Pattern Energy, on the financing and negotiation of supply, engineering and construction related contract for various wind farm projects.
  • Infrastructure Ontario, on the procurement, design and construction of various projects.
  • Pattern Energy Group LP, in its $1.2 billion refinancing of the 300 MW Henvey Inlet wind generation facility.
  • SP Armow Wind Ontario LP, in the $700 million financing of the 180 MW SP Armow Wind Project and subsequent $700 million refinancing in 2020.
  • Henvey Inlet Wind LP, in the $1 billion financing and construction of the Henvey Inlet Wind Farm.

Awards and Recognition

  • Chambers Canada: Canada’s Leading Lawyers for Business: Recognized in Construction (Nationwide – Canada)
  • Best Lawyers: Recognized as “One to Watch” in Construction Law

Credentials

Education

  • University of Toronto, J.D.
  • Howard University, BSc Civil Engineering (Summa Cum Laude)

Languages

  • English

Professional Affiliations

  • American Bar Association’s Forum on Construction Law (Steering Committee, Division 4 - Project Delivery & Construction Technology)
  • Law Society of Ontario
  • Ontario Bar Association (Member-At-Large, Construction and Infrastructure Law Section Executive 2022)

Osler is a leading business law firm practising internationally from offices across Canada and in New York. Our clients include industry and business leaders in all segments of the market and at various stages in the growth of their businesses. We have built our reputation on our commitment to our clients' success and the experience, expertise and collaborative approach for which we are recognized. We believe that our success is a reflection of our clients' success.