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James W. MacLellan

James W. MacLellan

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22 Adelaide Street West, Suite 3400, Toronto, ON M5H 4E3

Construction Contracts, Construction Dispute Resolution, International Construction Projects and 6 more

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.

James W. MacLellan (Toronto, Ontario)

Awards

Distinguished Peer Rated
This award is granted to attorneys who have been recognized by their peers for very high ethical standards, with an average peer review score of 3.0 to 4.4.
Martindale-Hubbell Peer BV

Client Champion Awards

Client Champion awards recognize those attorneys who excel at service as affirmed by their clients. The awards, based on the quantity and quality of an attorney’s Martindale-Hubbell client reviews, demonstrate an ongoing commitment to delivering excellent client service. Award recipients stand out from their peers with a platinum, gold or silver icon.

Champion Badge Silver

At least three reviews and a score of 4.0 or higher.

Champion Badge Gold

At least six reviews and a score of 4.2 or higher.

Champion Badge Platinum

At least ten reviews and a score of 4.5 or higher.

Martindale Peer Awards

A lawyer who receives a minimum threshold of qualifying responses from fellow attorneys can qualify for one of three prestigious Martindale-Hubbell Peer Review Ratings:

Martindale-Hubbell Peer AV Preeminent Rating

AV Preeminent®: The highest peer rating standard. This rating signifies a large number of the lawyer’s peers rank him or her at the highest level of professional excellence for their legal knowledge, communication skills and ethical standards.

Martindale-Hubbell Peer Distinguished Rating

Distinguished: An excellent rating for a lawyer with some experience. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards.

James W. MacLellan got this award in 2021

Martindale-Hubbell Peer Notable Rating

Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards.

Avvo Awards

Avvo Top Contributor

Avvo Top Contributor: The Avvo Top Contributor Award is granted to attorneys who have earned significant contribution points in a given year on our sister site, Avvo.com. Contribution points are earned by answering questions in Q&A, publishing Legal Guides, and other useful contributions to the Avvo community.

Avvo Client Choice

Avvo Client’s Choice: The Avvo Client's Choice Award Badge is granted to attorneys with a significant number of 4+ star reviews in a given year.

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Services

Areas of Law

  • Construction Law 3
    • Construction Contracts
    • Construction Dispute Resolution
    • International Construction Projects
  • Public Finance 2
    • Public-Private Infrastructure Projects
    • Infrastructure
  • Health Care 1
    • Healthcare Capital Redevelopment
  • Finance 1
    • Financing and Procurement
  • Government Contracts 1
    • Procurement
  • Municipal Law 1
    • 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.

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