Roger is consistently recognized in industry publications as one of the leading Construction litigators in Canada, and has practiced exclusively construction litigation, arbitration and dispute resolution for over 25 years.
He has acted on some of the largest infrastructure projects in Canada, in the transportation, power, LRT, nuclear, mining, manufacturing and subway sectors. Roger has extensive advocacy experience in trial, appellate and arbitration proceedings, and advises on the avoidance and management of risk in the administration of construction contracts. Roger is ready to go to Court or Arbitration, applying his extensive courtroom experience, but where possible, seeks a less-expensive resolution through mediation or other forms of ADR.
He has represented clients in a wide variety of disputes involving delay, deficiencies, change orders, construction liens and trusts, mortgage priorities, contract interpretation, bidding and tendering, professional negligence and claims under performance and payment bonds. Roger has also developed particular expertise in the area of tendering and procurement in both the public and private sectors.
Roger is a Fellow of the Canadian College of Construction Lawyers, and a Charter Fellow of the Construction Lawyers Society of America, both invitation-only honorary associations of preeminent construction lawyers dedicated to promoting advocacy and ethical standards in construction law.
Areas of Expertise
Representative Work
- An Ontario Public Utility in successfully resolving a $30 million delay and COVID claim dispute with its general contractor
- City of Toronto – successfully represented and advised the City of Toronto on Litigation, Construction Lien, and Procurement matters relating to the $650 million revitalization of Union Station, Canada’s busiest transportation hub, representing the City in the largest mediation in Toronto history, with over 120 people in attendance over 5 days
- Successfully representing the consortium building a 19 km Light Rail Transit line, the largest transit expansion in the history of Toronto, in a major claim
- Successfully representing the consortium building a Rapid Busway in Ontario in a major claim
- Successfully representing an Ontario contractor in an international arbitration in the P3 context, against London Barristers and before a London Arbitrator, securing an complete win for our client
- Atomic Energy of Canada Limited in successfully defending an $18.5 million tendering claim that was entirely dismissed after a month-long trial
- Successfully representing the City of Kingston in having a complaint by an unsuccessful bidder dismissed on a motion for summary judgment
- An Ontario Municipality – for many years, representing and advising the City regarding a number of construction matters, including the renovation of a historic building, the construction of a new City arena, a wastewater treatment plant, a pumping station and a water tower
- A major international Nuclear energy contractor – advising and representingthe company in a number of matters, including advising on the Ontario nuclear reactor Newbuild procurement, and representing them in a number of disputes including arbitrations, mediations, and a tendering dispute relating to the refurbishment of a number of nuclear reactors
- Toronto Transit Commission in successfully prosecuting a claim in a tendering dispute relating to the public bidding process for TTC contracts, which included an appeal to the Ontario Court of Appeal and a leave application to the Supreme Court of Canada
- An Ontario Healthcare Centre – successfully representing the Hospital in prosecuting a claim relating to deficiencies in the construction of a new wing; resolution reached at mediation, to avoid expensive litigation
- An Ontario Healthcare Centre – representing the Hospital in a number of disputes relating to construction at the Hospital, including risk management relating to the timely completion of new Hospital facilities
- Bank of America – representing the Bank in a dispute relating to priorities between construction lien claimants and mortgagees
- Zurich Indemnity Company of Canada – in successfully defending, at trial and before the Ontario Court of Appeal, a precedent-setting claim under a Performance Bond relating to the construction of a high- rise condominium development in Whitby, Ontario
- Philip Services/PSC Industrial Services Canada Inc. – in successfully defending, at trial and before the Ontario Court of Appeal, against ten lien and trust claims, which were struck out on the issue of lienability
- Atomic Energy of Canada Limited in successfully defending an $18.5 million tendering claim that was entirely dismissed after a month-long trial
- Successfully representing the City of Kingston in having a complaint by an unsuccessful bidder dismissed on a motion for summary judgment
- An Ontario Municipality – for many years, representing and advising the City regarding a number of construction matters, including the renovation of a historic building, the construction of a new City arena, a wastewater treatment plant, a pumping station and a water tower
- A major international Nuclear energy contractor – advising and representingthe company in a number of matters, including advising on the Ontario nuclear reactor Newbuild procurement, and representing them in a number of disputes including arbitrations, mediations, and a tendering dispute relating to the refurbishment of a number of nuclear reactors
- Toronto Transit Commission in successfully prosecuting a claim in a tendering dispute relating to the public bidding process for TTC contracts, which included an appeal to the Ontario Court of Appeal and a leave application to the Supreme Court of Canada
- An Ontario Healthcare Centre – successfully representing the Hospital in prosecuting a claim relating to deficiencies in the construction of a new wing; resolution reached at mediation, to avoid expensive litigation
- An Ontario Healthcare Centre – representing the Hospital in a number of disputes relating to construction at the Hospital, including risk management relating to the timely completion of new Hospital facilities
- Bank of America – representing the Bank in a dispute relating to priorities between construction lien claimants and mortgagees
- Zurich Indemnity Company of Canada – in successfully defending, at trial and before the Ontario Court of Appeal, a precedent-setting claim under a Performance Bond relating to the construction of a high- rise condominium development in Whitby, Ontario
- Philip Services/PSC Industrial Services Canada Inc. – in successfully defending, at trial and before the Ontario Court of Appeal, against ten lien and trust claims, which were struck out on the issue of lienability
Latest Insights
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Osler Update Dec 21, 2023
Canadian prompt payment and construction law reforms
Prompt payment and adjudication legislation is being enacted across Canada in an effort to alleviate perceived payment delays down the construction py...
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Blog Dec 18, 2023
Construction project owners potentially liable as ‘employers’ under Ontario’s Occupational Health and Safety Act
A recent split decision of the Supreme Court of Canada carries significant implications for construction project owners, who could potentially be foun...
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Blog Nov 22, 2023
Split decision of Supreme Court of Canada affirms construction project owners potentially liable as ‘employers’ under Occupational Health and Safety Act
A landmark Supreme Court decision resulted in a project owner that hired a general contractor as “constructor” being found to be an &...
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Blog Oct 17, 2022
Divisional Court confirms Superior Court’s inherent jurisdiction to award costs against a non-party in construction lien action
Costs are typically awarded only against parties to litigation. The Divisional Court has affirmed, in the construction lien case Marcos v. Lad,...
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Awards and Recognition
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Chambers Canada: Canada’s Leading Lawyers for Business: Recognized in Construction (Nationwide – Canada). Client comments made to Chambers:
- “Roger Gillott and the lawyers who report to him have always been quick to respond to requests, thorough, calm and professional while offering the highest level of service with a great record of success.”
- “He has great expertise generally and has provided creative solutions for us in resolving issues as they arise.”
- “He is very adaptable in terms of being able to deal with different types of ADR processes.”
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The Canadian Legal Lexpert Directory: Recognized in Construction Law
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Best Lawyers in Canada: Recognized in Construction Law and Public Procurement Law
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Legal 500: Recognized in Public Procurement
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Who’s Who Legal: Recognized in Who’s Who Legal Canada
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The Globe and Mail: Recognized in The Globe and Mail: Leading Infrastructure Lawyer in Canada
Media Mentions
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Osler News Jun 6, 2023
16 Osler lawyers recognized in Lexpert Special Edition: Infrastructure 2023
Congratulations to 16 of our lawyers for their inclusion in the Lexpert Special Edition: Infrastructure 2023.
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Osler News Jun 15, 2022
25 Osler lawyers recognized in Lexpert Special Edition: Infrastructure 2022
Congratulations to 25 of our lawyers for their inclusion in the Lexpert Special Edition: Infrastructure 2022.
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Osler News Nov 9, 2018
Roger Gillott made a Fellow of the Construction Lawyers Society of America
Osler congratulates partner Roger Gillott for being made a Fellow of the Construction Lawyers Society of America (CLSA).
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Media Mentions Sep 19, 2017
Under construction — Canadian Lawyer
The tight timelines contained in the proposed amendments to the Construction Lien Act in Ontario might pose a “challenge” for some types of projects, ...
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Community Involvement
- Volunteer, “Teaching Respect” Program to Combat Bullying in Toronto District School Board
- Represented Family Day Care Services (Toronto) in a construction dispute
- Represented Ronald McDonald House (Toronto) in a construction dispute
- Anglican Church of the Redeemer, Project Team Committee regarding church renovation
Speaking and Writing
Speaking Engagements
Commercial Real Estate Transactions: COVID Damages: What Can You Lien For?
Speaker, September 21, 2021
Adjudication Seminar
Speaker, Toronto, February 3, 2020
Published Work
Roger has authored more than sixty papers in Construction Law journals and trade publications, and is frequently invited to chair and speak at conferences in the area. Roger has served as a Guest Lecturer in Construction Law at the University of Toronto Law School and George Brown College. For more than ten years, Roger chaired the Law Society of Ontario’s Annual Construction Liens Conference. Selected articles/conferences include:
- “Proposed changes to the Construction Lien Act”, Royal Institute of Quantity Surveyors/Canadian Institute of Quantity Surveyors, Toronto, November 17, 2016.
- “Checklist for a Renovation Contract”, Law Society of Upper Canada Conference, 13th Annual Real Estate Law Summit, April 21, 2016.
- “Stuart Olson Dominion Construction v. Structal Heavy Steel (SCC)”, Construction Sector In-house Counsel Forum, Toronto, April 7, 2016.
- Chaired Conference for Law Society of Upper Canada, “Practice Gems: Construction Lien Essentials 2016”, and also spoke on panel, “Liening the Right Land”, March 9, 2016.
- Best Practices in Dealing with Priorities Issues Between Mortgages and Liens, (Delivered Paper), Ontario Bar Association, Hot Topics in Construction and Infrastructure Law, Toronto, February 4, 2015.
- The Electronic Registration of Liens (chapter), 3rd Edition of Kirsh and Alter: Guide to Construction Liens in Ontario (2011).
Credentials
Education
- Oxford University, B.C.L. (Law)
- Oxford University, M.A. (Law)
- Dalhousie University, LL.B.
- University of Calgary, B.Comm.
Languages
- English
Professional Affiliations
- Fellow, Canadian College of Construction Lawyers
- Charter Fellow, Construction Lawyers Society of America
- Former Chair, Ontario Bar Association Construction Law Section Executive
- Law Society of Ontario
