Borden Ladner Gervais LLPPartner

James W. MacLellan

About James W. MacLellan

James W. MacLellan is a lawyer practicing construction contracts, construction dispute resolution, international construction projects and 6 other areas of law. James W. received a degree from Brock University in 1987, and has been licensed for 31 years. James W. practices at Borden Ladner Gervais LLP in Toronto, ON.

Awards

Reviews for James W.

This lawyer does not have any client reviews on Lawyers.com yet

Write a Review

Services

Areas of Law

  • Other 9
    • Construction Contracts
    • Construction Dispute Resolution
    • International Construction Projects
    • Public-Private Infrastructure Projects
    • Infrastructure
    • Healthcare Capital Redevelopment
    • Financing and Procurement
    • Procurement
    • Municipal Law and Other Government

Practice Details

  • Firm Information
    Position
    Partner
    Firm Name
    Borden Ladner Gervais LLP
  • Representative Cases & Transactions
    Cases
    Representative Work: Iona Contractors Ltd. v Guarantee Company of North America, [2015] ABCA 240 - upholding trust provisions under Alberta Lien Legislation.
    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] NSJ 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. Court also held the surety would not be bound by an arbitration award in which it did not participate.
    Isobord v. Chubb, [2003] OJ No. 3527 (SCJ), aff'd [2004] OJ No. 2202 (CA): 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 OR (3d) 530, [2004] OJ No. 5091 (SCJ) - the installation of an assembly line is not lienable under the Ontario Construction Lien Act.
    La Cooperative d'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.

Experience

  • Bar Admission & Memberships
    Admissions
    1995, Ontario
    Memberships

    Professional Involvement

    •Chair, Ontario Bar Association, Construction Law Section, 2009-10
    •Member, American Bar Association, Tort and Insurance Practice section (TIPS)
    Member, Surety and Fidelity Subcommittee and Construction Forum
    •Member, Brock University Faculty of Business Alumni and Metropolitan Toronto Lawyers Association
    •Instructor, Surety and Construction Law Course (correspondence), School of Continuing Studies, University of Toronto for the Surety Association of Canada

  • Education & Certifications
    Law School
    University of Windsor
    Class of 1993
    LL.B.
    Other Education
    Brock University
    Class of 1987
    B.Admin.

    Brock University
    Class of 1987
    Hons.
Case type is required.
I am is required.
First name is required.
Last name is required.
A valid zip code is required.
Country is required.
State is required.
A valid city is required.
A valid email address is required.
A valid phone number is required.
Message is required.
0/1000 characters

By clicking the Submit button, you agree to the Terms of Use, Supplemental Terms and Privacy Policy. You also consent to be contacted at the phone number you provided, including by autodials, text messages and/or pre-recorded calls, from Lawyers.com and its affiliates and from or on behalf of attorneys you request or contact through this site. Consent is not a condition of purchase.

You should not send any sensitive or confidential information through this site. Emails sent through this site do not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The internet is not necessarily secure and emails sent though this site could be intercepted or read by third parties.

This site is protected by reCAPTCHA. See Google’s Privacy Policy and Terms of Service.

Thank you! Your message has been successfully sent.

For your records, a copy of this email has been sent to test@test.com.

Summary of Your Message
Case Type:
I am a/an:
First Name:
Last Name:
City:
Zip Code or Postal Code:
State:
Country:
Phone Number:
Message: