Background
James MacLellan is a partner in the Construction, Engineering, Surety and Fidelity Group at Borden Ladner Gervais LLP, which is recognized in the Canadian Legal Lexpert® Directory as a Consistently Recommended Construction Law Group in Ontario.
He was called to the Ontario Bar in 1995 after obtaining his LLB from the University of Windsor and a H.B.Admin from Brock University. Prior to entering law school, he was employed from 1987 to 1990 by The Guarantee Company of North America as a claims adjuster and underwriter in the contract surety department.
Areas of Practice
· James spends a majority of his time representing sureties on bonding issues across Canada. In addition to his involvement in claims against Performance Bonds, Labour and Material Payment Bonds, Bid Bonds and Tarion New Home Warranty claims, he is involved in litigation related to indemnity and security documentation. On behalf of sureties, he has appeared in all levels of Courts in Ontario and in the Supreme Court of Nova Scotia.
· James also advises a number of institutions, including hospitals, colleges and municipalities, in all aspects of their infrastructure and capital re-development programs, providing project delivery, procurement, tendering, contract drafting and litigation advice as needed.
Rankings and Recognitions
· Selected by peers for inclusion in The Best Lawyers in Canada 2012 (Construction Law)
· Martindale-Hubbell BV® Distinguished™ 4.4 out of 5 Peer Review Rating
· Brock University - Faculty of Business Distinguished Graduate 2009
Professional and Community Activities
· Instructor in Surety and Construction Law Course (correspondence) at School of Continuing Studies, University of Toronto for the Surety Association of Canada.
· Past Chair of the Ontario Bar Association - Construction Law Section.
· Past Branch Chair on the Executive of Canadian Bar Association - National Construction Law Section.
· Member of American Bar Association Tort and Insurance Practice section (TIPS) - Surety and Fidelity Subcommittee and Construction Forum.
· Active member of Brock University Faculty of Business Alumni.
· Member of Metropolitan Toronto Lawyers Association.
Professional Experience - Reported Decisions of Interest
· AXA Pacific Insurance Company v. Romcan Limited, [2009] - Obligation to make documentary production in a Performance Bond case.
· Shannex Inc. v. St. Paul Guarantee Insurance Company (Re Meridian Construction), [2006] N.S.J. No. 22 (Sup. Ct.): Court refused to grant to an owner an Order to lift the automatic stay against the bankrupt contractor to enable an owner to prove a claim against a surety. The Court also held the surety would not be bound by an arbitration award in which it did not participate.
· Isobord v. Chubb, [2003] O.J. No. 3527 (SCJ), aff'd [2004] O.J. No. 2202 (C.A.): The rights of a secondary obligee under a Performance Bond Dual Obligee Rider are derivative of the rights of the primary obligee.
· Kennedy Electric v. Rumble Automation (2004), 73 O.R. (3d) 530, [2004] O.J. No. 5091 (SCJ): The installation of an assembly line is not lienable under the Ontario Construction Lien Act.
· Cooperatif Habitation Antigonish v. Laurentian General (2001) Carswell Ont. 3346 (SCJ): Dismissal of action under Performance Bond for failure of obligee to commence action within suit limitation period in Performance Bond.
Publications and Recent Speaking Engagements
· James is the author of several papers and a frequent speaker at legal conferences and seminars on Construction Law related topics, including:
- Speaker: Ontario Bar Association "Tendering Law Dispute" (November 2, 2010).
- Speaker: "Surety Bonds" (October 25, 2010) Presented at University of Toronto School of Architecture.
- Speaker: Surety Association of Canada Annual General Meeting, September 20-21, 2010.
- Brock University Convocation Address, Faculty of Business (June 12, 2010).
- Speaker: Law Society of Upper Canada "6 Minute Business Lawyer" (June 1, 2010).
- Speaker: Canadian Construction Association Conference Aboard the Regent Mariner Cruise (March 15-22, 2010).
- Speaker: "Surety Bonds" (September 15, 2009) Presented to Building Industry and Land Development Association ("B.I.L.D.").
- Speaker: "Liability Creep Under Lien Registration" (March 10, 2009) Presented at the Canadian Construction Association's Annual Conference in Scottsdale, Arizona.
- Speaker: "Surety Bonds" (October 15, 2008) Presented at University of Toronto School of Architecture.
- Speaker: Surety Association of Canada Annual General Meeting, September 22-23, 2008.
- Speaker: "Legal Issues to Consider during Course of Construction", June 20, 2008 Presented to Ontario Bar Association.
- Speaker: "Joint Ventures - A Primer" (March 3, 2008) Presented at Canadian Construction Association Annual Conference in Victoria, British Columbia.
- Speaker: "Tarion: Protecting Ontario's New Home Buyers & Regulating Ontario's Home Builders" (December 6, 2007) Presented at Ontario Bar Association.
- Speaker: "Intervening in Lien Bond Proceedings and Lien Bond Exposure" (November 27, 2007) Presented at Construction Law Seminar.
- Speaker: "Litigation and Resolving Construction Disputes - Resolving Conflicts with the Bonding Company" (September 29, 2006), Presented to Canadian Institute.
- Speaker: "What's Covered by Performance Bonds" (November 21, 2005) Construction Super Conference.
- Speaker: "What's Covered by Performance Bonds" (September 21, 2005) Construction Summit 2005.
- Speaker: "Hospital Construction - Looking Ahead" (June 15, 2005) Ontario Hospital Association.
- Speaker: "Contract Analysis" Seminar presented to Insurance Client (June 9, 2005).
- Speaker: "Dual Obligee Rider - Is it Double the Trouble?" (November 29, 2004) Presented to Surety Clients.
- Speaker: "Legal Perspective on Mould in the Built Environment" (February 19 & 20, 2004) Insight Conference.
- Speaker: "The New Limitations Act" (November 20, 2003) Presentation to Surety Clients.
- Speaker: "Introduction to the Construction Lien Act" (June 19, 2003), Presented to Banking Clients.
- Speaker: "Avoiding the Sinking Feeling - Understanding the Construction Lien Act" (November 26, 2002), Presented to Presented to Banking Clients.
- Speaker "Priorities Under the Construction Lien Act" (September 10, 2002), Presented to Lorman Education Services.
- Speaker: "The Latest Developments & Case Law on Liens and Trust Claims" (January 30 - February 1, 2002) Insight Conference.
- Speaker - "Substantial Performance, Trust Rights, the Right of Information and Personal Liability" (January 27, 2002).
- Speaker: "Hot Topics In Construction Law" (October 18, 2001), Presented to Construction Clients.
- Speaker: "Common Causes of Construction Dispute and Unavoidable Costs" (April 26, 2001) Ontario Hospital Association.
- Contributing author for Scott and Reynolds on Surety Bonds (Carswell, December 1993).