Overview
As one of Canada’s top litigation teams, Torys has extensive experience prosecuting and defending project-related disputes of all manner of complexity across Canada and abroad. From pre-construction permitting issues, through construction, to decommissioning, we leverage the collective knowledge and talent of Torys’ projects, litigation and industry-focused teams to protect and promote our clients’ interests at every stage of the project lifecycle, developing effective and practical strategies to achieve proven results. We are experienced at negotiating creative solutions to complex problems, representing clients before all levels of Canadian courts, regulatory bodies, and commercial and international investment arbitral tribunals. We regularly represent and advise clients on matters arising in construction, P3, infrastructure, oil and gas, and mining projects.
Primary Contacts
Areas of Service
- Construction DisputesWe have extensive experience prosecuting and defending complex construction claims. We manage evolving disputes in the field, working closely with technical and industry experts to best position our clients for success when the matter goes to court or arbitration. We obtain real time relief for clients across Canada, including through injunctions, construction liens, and interim adjudications.Learn more
- Commercial ArbitrationWhen time is of the essence, achieving an expedited resolution can be in the best interests of all parties. Our team is well versed in all forms of alternative dispute resolution, including with major domestic and international arbitral rules and institutions. Acting for clients on major projects located across Canada and around the world, we work seamlessly with local counsel through all stages of the claim.Learn more
- Indigenous MattersMost major project development in Canada may affect Indigenous peoples, rights, and interests in some way. Whether appointed to mediate disputes between Indigenous groups, governments and/or project proponents, provide strategic advice, and address issues that arise through litigation, our approach is grounded in historical context and reconciliation. We regularly assist clients in resolving matters related the duty to consult and accommodate, commercial disputes between industry and Indigenous parties, and claims in relation to historic Indigenous rights.Learn more
- International Investment Protection and ArbitrationWhen developing projects abroad, investors often face unique challenges arising from local politics, governance, resource nationalism and discrimination. As Canada’s premiere international investment protection and arbitration practice, we help clients meet those challenges head on. We regularly assist clients in planning their investments so they can benefit from available protections under international investment law, and when host governments act against our clients’ projects, we arbitrate to obtain damages.Learn more
- Judicial ReviewWhen permit applications don’t go as planned, we leverage our deep bench strength on public law issues to get the best results for clients in pre-project disputes. Our team regularly defends and advances judicial reviews related to project permits issued by government regulatory bodies.
- Environmental DisputesWe manage complex environmental matters impacting our clients’ operations, projects and transactions. In the last five years, we have served as lead counsel in over 50 major environmental disputes, acting for clients across Canada at all levels of the court, both in the defence of civil and prosecutorial proceedings and in matters seeking damages for environmental harm.Learn more
- AdvisoryWe work alongside our Projects team in an advisory capacity to futureproof our clients’ agreements and suite of project contracts. We conduct comprehensive dispute avoidance and risk analysis at the front end of any engagement to identify possible friction points and mitigate those risks during negotiations.
Disputes can emerge at various stages of projects. We offer strategic insight and problem solving to prevent disputes before they start, and also handle disputes arising across the project lifecycle, all with the goal of getting your project back to business as usual.
- Feasibility Assessment and Design: We work alongside our Projects team to futureproof clients’ agreements in order to mitigate risk from the outset.
- Finance and Procurement: We secure project financing and implement quality assurance programs for subcontractors and suppliers.
- Plan, Permit, Mobilize: We conduct due diligence with stakeholders to ensure the project has the correct plans, permits and support to move forward.
- Build: We draft robust exclusion causes and implement contractual notice requirements to ensure that project partners and subcontractors are held to account.
- Operate: We codify approaches to ensure projects are properly protected during day-to-day operations and in unforeseen circumstances.
- Decommission: We manage legal, environmental, reputational and regulatory obstacles well before a project reaches the end of its lifecycle.
Featured Work
Representative Work
Recent Recognition
- Band 1 in Litigation: General Commercial (Ontario) – Chambers Canada
- Highly Recommended for Dispute Resolution by Benchmark