Project Litigation
With deep experience providing interdisciplinary counsel at every point in a project’s lifecycle, Torys is uniquely positioned to support clients in all manner of disputes involving projects across Canada and abroad, in any asset class at every stage of the project lifecycle.
Project Litigation

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-specific 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

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Areas of Service

  • Construction Disputes
    We 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.
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  • Commercial Arbitration
    When 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.
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  • Indigenous Matters
    Most 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.
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  • International Investment Protection and Arbitration
    When 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.
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  • Judicial Review
    When 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 Disputes
    Torys manages 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.
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  • Advisory
    We 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.

Project advocacy

We advocate on our clients’ behalf on:

  • Applications for judicial review relating to regulatory processes, contractual claims, delayed and defective construction claims, international investment protection, environmental claims, Indigenous matters, environmental, health and safety offences and public inquiries
  • Applications for immediate relief including injunctions, construction liens, and interim adjudications

Featured Work

Representative Work

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Recent Recognition

  • Band 1 in Litigation: General Commercial (Ontario) – Chambers Canada

  • Highly Recommended for Dispute Resolution by Benchmark

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