About Us
Duncan Glaholt
Earlier this year, the Attorney General asked me to conduct an independent review of the Construction Act (“the Act”). The Act was last significantly reformed in 2017 on the basis of a seminal report by Bruce Reynolds and Sharon Vogel entitled, Striking the Balance: Expert Review of Ontario’s Construction Lien Act (“Striking the Balance”). I recall participating in the Advisory Group process at that time. The final recommendation of that report was for a further independent review of the Act to be conducted within several years.
Based on my own experience in practice and informal conversations I have had with industry leaders and members of the legal community, I can say with some confidence that the 2017 reforms are working well. What is needed now are targeted changes and fixes to make a good system even better. To that end, this review is intended to help facilitate a conversation with the construction industry and other stakeholders about potential adjustments to the Act.
I am the founder of the leading construction law firm Glaholt Bowles LLP. I have been named one of Canada’s leading lawyers in the Construction Law category in the Lexpert/American Lawyer Media “Leading 500 Lawyers” in each year since inception. I am certified as a Specialist in Construction Law by the Law Society of Ontario.
I have practiced in the area of construction law since my call to the Bar of Ontario in 1979. My advocacy practice covers a wide range of disputes in the energy, infrastructure development and resource extraction industries, including wind, solar and nuclear power, chemical and other plants, pipelines, refineries, power plants, road building and other projects of scale.
In addition to my practice as an advocate, I sit as a mediator, arbitrator, dispute review board chair, court appointed monitor and referee of construction industry disputes.
I am a co-author of the annual Annotated Construction Lien Act, now in its 22nd edition (Carswell, 2017) and a co-author of Halsbury’s Laws of Canada’s Construction and Alternative Dispute Resolution titles (Lexis-Nexis, 2008 and 2009) as well as The Law of ADR in Canada: An Introductory Guide (LexisNexis, 2011). I have also authored Conduct of a Lien Action, now in its 12th edition (Carswell, 2017), Construction Trusts (1998, Carswell) and Conduct of a Trust Action (Carswell, 2011). I am a co-author of Bristow, Glaholt, Reynolds and Wise on Construction, Builders’ and Mechanics’ Liens in Canada, 7th edition (Carswell, 2005).