Sharon Vogel^* FCI Arb

Publications

Books and Reports

• Co-author, “Country Comparative Guides – Canada – International Arbitration,” The Legal 500/Legalease, November, 2022
• Co-author, “Getting the Deal Through Construction: Canada,” Lexology, June, 2022
• Co-author, “Construction Canada Comparative Guide Chapter,” Mondaq, 2022
• Co-author, “Construction Law (Canada) Chapter,” Chambers Global Construction Law Guide, 2021, 2022
• Co-author, “Building a Federal Framework for Prompt Payment and Adjudication,” prepared for Public Services and Procurement Canada, 2018
• Co-author, “Striking the Balance: Expert Review of Ontario’s Construction Lien Act,” Independent Report to the Ministry of the Attorney General, 2016
• Co-author, “A Guide to Canadian Construction Insurance Law,” Carswell, 2013
• Author, Chapter: “Construction Insurance,” Bullen, Leake & Jacob’s Canadian Precedents of Pleadings, Second Edition, 2013
• Co-author, Chapter: “Canada,” Construction and Infrastructure Disputes (London: Globe Law and Business, 2013)
• Author, Chapter: “Recent Developments in Construction Insurance,” Review of Construction Law: Recent Developments, Carswell, 2012
• Co-author, “Getting the Deal Through: Construction 2017,” Law Business Research Ltd, 2008-17
• Co-author, “Doing Business,” World Bank 2009-15 (with Bruce Reynolds)

Articles

• Co-author, “Ontario Appeal Decision Reaffirms Court’s Reluctance to Set Aside Private Arbitral Awards,” The Lawyer’s Daily, February, 2023
• Co-author, “Tall Ships Development Inc. v. Brockville (City): The Ontario Court of Appeal Reaffirms the Court’s Narrow Basis for Setting Aside Arbitral Awards,” January, 2023
• Co-author, “Getting the Deal Through – Arbitration,” Lexology, February, 2022
• Co-author, “Pair of Ontario Decisions Demonstrate Importance of Adherence to Contractual Notice Requirements,” October, 2021
• Co-author, “Getting the Deal Through – Arbitration,” Lexology, July, 2021
• Co-author, “Concurrency Clarified: Ontario Superior Court of Justice Favours Flexible, Practical Approach to Assessing Concurrent Delays,” April, 2021
• Co-author, “Wastech v Greater Vancouver Sewerage: Uncertainty Remains,” March, 2021
• Co-author, “The Ontario Government Suspends Limitation Periods Effective March 16, 2020,” March, 2020
• Co-author, “COVID-19 – Health and Safety Implications,” March, 2020
• Co-author, “The Repercussions of COVID-19 on the Execution of Construction Contracts,” March 12, 2020
• Co-author, “Case Comment: A Narrow Interpretation of the Coverage Available Under a Builder’s Risk Insurance Policy: Pre-Eng v. Intact,” (2009) 37:6 Can. J. Ins. L. 61, originally published in the Ontario Bar Association’s Construction and Infrastructure Section Newsletter, August 13, 2019
• Co-author, “Managing Utilities Risk in Urban Transit Infrastructure Projects,” ReNew Canada Magazine
• Co-author, “A Thousand Pounds a Word: Following Ledcor, Policy Wording Continues to Govern in Insurance Policy Disputes,” CCCL Legal Update, L.U. #151, March, 2019
• Co-author, “A Report on the Introduction of Prompt Payment and Adjudication Legislation in The Province of Ontario,” ICLR, Volume 36, Part 1, January, 2019
• Co-author, “Security of Payment in the Construction Industry: Does International  Experience Provide a Crystal Ball for North America?,” Construction Law Journal, November 22, 2018
• Co-author, “I Once Was Lost But Now I’m Found: Ontario Government to Amend the Construction Act via Bill 57, the Restoring Trust, Transparency and Accountability Act,” November 16, 2018
• Co-author, “A New Construction Act – What Has Changed and How Will It Affect P3 Projects?,” Lexpert® Special Edition on Infrastructure, September, 2018
• Co-author, “Still a Little Lost in Transition?: the Construction Act Transition Provisions and the Regulations,” August 2, 2018
• Co-author, “Duty to Notify Bond Beneficiaries: Valard Construction v. Bird Construction 2018 SCC 8,” July 19, 2018
• Co-author, “Somewhat Lost in Transition?: A Review of the Intent and Operation of the Transition Period in Ontario’s Construction Act,” May 30, 2018
• Co-author, “Are Construction Defects Covered Property Damage in an Insurance Contract?,” Construction Law Letter, Volume 33 no. 5, 2017
• Co-author, “Mind the Gap-Professional Liability Insurance and Possible Regulatory Changes to the Standard of Care,” Construction Law Letter, Volume 33 no. 3, 2017
• Co-author, “Legal Aspects of Building Information Modelling: A World View (Part 1),” CLInt, December, 2016
• Co-author, “Changing the Legal Landscape of the Interpretation of Builder’s Risk Insurance Policies in Canada: Life after Ledcor,” Construction Law Letter, November/December, 2016
• Author, “Evolution of Builder’s Risk Insurance in Canada: A Brave New World for Resulting Damages,” Journal of Canadian College of Construction Lawyers, 2016
• Co-author, “Renovating Construction Liens,” The Lawyers Weekly, November 18, 2016
• Co-author, “No Satisfaction: Limitations of Liability in Condo Deficiency Case,” Online: Construction and Infrastructure Law Section, Ontario Bar Association, April, 2014
• Author, “Condominium Construction Deficiencies — Buyer Beware,” Building.ca, February, 2014
• Co-author, “The Legal Side of Green,” ReNew Canada, September, 2013
• Co-author, “What goes up sometimes comes down hard,” The Lawyers Weekly, June 7, 2013
• Author, “Green building risk: Insuring a green construction project,” Skylines, June, 2013
• Author, “Ensuring projects are adequately insured key to project success,” Daily Commercial News, April, 2013
• Author, “The “Hired Guns” have been silenced: Courts cracking down on the Admissibility of Expert Reports,” Nuts & Bolts, Volume 27, No. 2, February, 2013

Features

• Featured in “A Report on the Introduction of Prompt Payment and Adjudication: Legislation in The Province of Ontario,” International Construction Law Review Journal, January 21, 2019
• Interview, “Women in Construction and How They’re Paving the Way,” Osgoode PD Blog, November, 2018
• Featured in “Adjudication justice analyzed at Osgoode Hall session,” Daily Commercial News, May 9, 2018
• “CEO Power Breakfast, Striking a fine balance – The two masterminds behind the Lien Act Review discuss the challenges in balancing freedom of contract with the need for more regulation,” Builders’ Digest
• Interview, “Meet the Women Rainmakers!,” Law Practice Today, September, 2017
• Featured in “Women in Construction,” GTA Construction Report, September, 2014

Presentations

• Moderator, “Construction Insolvencies,” Canadian College of Construction Lawyers, Virtual Mid-Winter Seminar, January, 2023
• Speaker, “Developments in Construction Law,” Ontario Bar Association, Top Appeals 2022, January, 2023
• Guest Speaker, “Interim Measures, Cross Examination Demonstration,” Construction Law Summer School, Cambridge University, September, 2022
• Panelist, “Contract Termination for Default: The Nuclear Option,” Society of Construction Law North American Inaugural Annual Conference, July, 2022
• Panelist, “International Construction Projects (ICP) Session: COVID and the War Impact and Project Learned Lessons,” International Bar Association, May, 2022
• Panelist, “2 Fast 2 Furious: Arbitration in an Hour,” GAR Live: Construction Disputes 2022, March, 2022
• Panelist, “Finding your Leadership style and Niche as you Rise in your Career,” Women in Law Leadership Forum, Canadian Lawyer Magazine, September, 2021
• Moderator, “Construction Dispute Symposium 2021, Litigation Session,” Royal Institution of Chartered Surveyors (RICS), July, 2021
• Panelist, Co-Speaker, “Recent Developments in Prompt Payment and Adjudication,” Canadian College of Construction Lawyer (CCCL) Mid-Winter Seminar, January 23, 2021
• Speaker, “Hot Topics – Good Faith: Recent Decision of the Supreme Court of Canada in Callow v. Zollinger,” American College of Construction Lawyer (ACCL) 31^st Annual Meeting, March, 2021
• Panelist, “Legal Trends in Construction,” Osgoode Certificate in Construction law, November, 2020
• Panelist, “Public infrastructure delivery: alternative procurement challenges and opportunities,” International Bar Association Annual Conference – Virtually Together, November, 2020
• Panelist, “Overview of the Industry – Construction law updates, government priorities and other critical legal and industry issues heading into 2021,” Lexpert Roundtable – Overview of the Industry, October, 2020
• Co-speaker, “Unforeseen subsurface conditions: eternal dilemma,” International Bar Association, International Construction Projects Committee of the Energy, Environment, Natural Resources and Infrastructure Law Section (SEERIL) Webinar, September, 2020
• Moderator, “Construction disputes in pandemic times,” IBA International Construction Projects Committee Webinar, August, 2020
• Speaker, “Meeting Meeting Bonding Requirements for Public Projects,” The Canadian Institute’s 5th Annual Conference on Managing Risk in Construction Contracts & Projects – Meeting Bonding Requirements for Public Projects, July, 2020
• Co-presenter, “The role of insurance in construction projects and unique claims that may arise in this time of financial uncertainty,” Osgoode Webinar: Managing Financial Uncertainty in Construction Projects During Extraordinary Times, May, 2020
• Speaker, “COVID and Construction: How the COVID-19 Pandemic Has Affected the Construction Sector in the Americas,” International Centre for Dispute Resolution (IDCR), May, 2020
• Co-presenter, “Alternative Financing Projects (AFP) Under the Construction Act ‐ Anticipated Application, Gaps, and Anomalies,”  The OBA The Next Decade in Project Delivery: A Time for Transition Webinar, May, 2020
• Speaker, “The New Canadian Adjudication Procedures,” American College of Construction Lawyers (ACCL), February, 2020
• Speaker, “A concurrent session at the CPPC Forum: Prompt Payment Regime,” Canadian Public Procurement Council, November, 2019
• Panel Chair, “Hardship Laws in Times of Uncertainty: When might Contractors Successfully rely upon such Laws?,” International Bar Association, 7th Biennial Conference on Construction Projects from Conception to Completion, October, 2019
• Co-Speaker, “Recent Developments in Prompt Payment and Adjudication,” Canadian College of Construction Lawyer (CCCL) 2019 Conference, May, 2019
• Co-Speaker, “Prompt Payment Reforms Gather Momentum Across Canada,” Chartered Institute of Arbitrators (CIArb): 2019 Symposium – Construction Adjudication: Significant Change, May, 2019
• “The New Adjudication Regine, What you Need to Know,” Society of Construction Lawyers of North America Special Presentation, April, 2019
• Speaker, “Ontario’s New Construction Act: Six Months In,” Ontario Road Builders Association Conference: Past Present Future, February, 2019
• Speaker, “Construction Defects Claims,” CDL Insurance Coverage Symposium, February, 2019
• Speaker, “Ontario’s New Construction Act: Modernization and Coming this Fall – Adjudication and Prompt Payment,” 92^nd Annual ORBA Convention & AGM – Harmonizing the Future, February, 2019
• Speaker, “Ethics and Professionalism in Arbitration Advocacy,” Advocates’ Society ADR Advocacy: Advanced Techniques, December, 2018
• Co-chair and Speaker, “Ontario’s New Construction Act: Transitioning and Applying the Modernization Provisions,” Osgoode Hall Professional Development Program, December, 2018
• Co-chair and Speaker, “The New Construction Act: What You Need to Know,” Lexpert® Conference, November, 2018
• Speaker, “Construction Insurance: Top 5 Things You Need to Know,” Osgoode Certificate in Construction law, November, 2018
• Panelist, “Counsel Perspectives: How to Best Represent Your Clients,” OBA Valuable Strategies for Mediating Multi-Party Disputes, October, 2018
• Co-speaker, “Performance security alternatives and effectiveness: show me the money,” International Bar Conference, October, 2018
• Speaker, “Construction 101,” OBA/CBA: Construction Bonding and Insurance: A Primer on Construction Risk Management, October, 2018
• Panelist, “Security Of Payment In The Construction Industry: Does International Experience Provide A Crystal Ball For North America?,” The 8th International Society of Construction Law Conference, Chicago, September, 2018
• Speaker, “Construction Act,” CISC Steel Conference, Halifax, September, 2018
• Podcast, “Construction Law,” Lawyered, July, 2018
• Speaker, “Innovative Dispute Resolution for Ontario Construction Projects,” Society of Construction Law – North America Launch, June, 2018
• Speaker, “Hot Topics in Construction Law: Surety Matters,” Canadian College of Construction Lawyers (CCCL) 2018 Conference, May-June, 2018
• Panelist: “Anti-Corruption and Compliance during Construction,” International Construction Project Committee Working Weekend, International Bar Association, May, 2018
• Co-Chair and Speaker, “Adjudication: Fast-Track Interim Binding Resolution of Payment Disputes,” Osgoode Conference on Ontario’s New Construction Act: Managing the Change, April, 2018
• Co-speaker, “Overview of the Changes,” CBA Construction and Infrastructure Law Program – Key Update on the New Construction Act, April, 2018
• Co-speaker, “The How and Who of ‘Adjudication,” Canadian Construction Association 100th Annual Conference, March, 2018
• Speaker, “Prompt Payment Legislation,” Construction Subsection of the Canadian Bar Association, February, 2018
• Co-speaker, “The Effect of a Reservation of Rights on the Control of a Defence,” 14th Annual Insurance Symposium – Canadian Defence Lawyers, February, 2018
• Co-speaker, “Ontario Construction Lien Act Reform,” 91st Annual ORBA Convention & AGM, February, 2018