Construction

Our team offers experienced and informed assessment of construction disputes, and can identify your potential remedies.

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We can provide you with the representation which will help you comply with the Construction Act in matters such as lien and holdback provisions.

Construction Liens

Our team of commercial lawyers possesses extensive experience in representing various businesses—including construction firms, building suppliers, contractors, and sub-contractors—as well as individuals involved in construction-related disputes. Our lawyers’ knowledge of the processes involved in preserving and perfecting liens provides our clients with the informed assistance and guidance necessary to comply with the governing acts’ regulatory intricacies. As construction lien actions frequently arise in the context of broader commercial disputes—such as those involving debtor/creditor issues or breach of contract—our team of commercial litigators is able to assess and provide appropriate strategies in dealing with matters that are especially complex.

  • The Construction Act

    On July 1, 2018, The Construction Act replaced The Construction Lien Act (1983) as the legislation governing construction disputes in the province of Ontario. The new act represents changes that a 2016 Ministry of Attorney General report recommended to reform the existing legislation. There are several key changes in the new act that address the issues of prompt payment, adjudication, the timelines governing the preservation and perfection of liens, and holdback rules. The changes regarding liens and holdbacks became effective July 1, 2018. The amendments addressing issues of prompt payment and adjudication will take effect on October 1, 2019.

    The Construction Act extends the deadline for preserving a lien to 60 days—as opposed to the previous 45 days—and the period for perfecting of liens has been extended to 90 days from the previous regulation of 45 days. The extension of these deadlines is in keeping with the new act’s emphasis on providing parties additional time to use the newly established adjudication process to resolve disputes. Under the new act, payment of the holdback must be made once all liens, that could be claimed against it, have been satisfied, discharged or expired.

  • Knowledgeable And Experienced Representation

    Our team is well-acquainted with the changes implemented under the new legislation, as well as their significance in successful dispute resolution. The increased emphasis on the adjudication process underlines the importance of parties consulting with knowledgeable and experienced legal representation. In the event that deadlines for registering liens have passed, we are well-acquainted with potential alternative legal remedies, and we can guide our clients in identifying and exercising those options that may remain open to them. We have addressed lien and trust claims that have arisen from a construction lien, as well as personal legal actions involving claims against a corporation, contractor, or individual. We represent parties involved in disputes arising from both commercial and residential building projects.

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Meet The Team

Al Pace

Founder & Principal

Location: Toronto

Services: Personal Injury Immigration Law Commercial Litigation

Languages: English Lithuanian

Office: 416-236-3060

Toll Free: 1-877-236-3060

Al Pace headshot

Biography

Al Pace is the Founder and Principal of Pace Law Firm. He has practiced law for more than 30 years and has earned a stellar reputation for skill and outstanding client service. After completing his studies at the University of Toronto and the University of Windsor where he received his LL.B., Al was called to the Bar for the province of Ontario in 1980. Initially, Al developed his law practice in the areas of personal injury and civil litigation. In subsequent years, Al expanded the firm’s practice areas to include corporate and commercial litigation and immigration law and related services.

As CEO of Pace Law Firm, Al takes a personal interest in all of the firm’s cases to ensure the highest standards of service excellence are met consistently across the firm. In addition to his legal practice, Al supports community involvement, and has taken an active and prominent role in the Lithuanian community and the Trillium Health Centre.

Education

  • University of Windsor School of Law, Windsor, ON
  • University of Toronto, Bachelor of Science

Professional Associations And Memberships

Canadian Bar Association

Ontario Trial Lawyers Association

American Association for Justice

National Executive of the Lithuanian Canadian Community, Past President

Baltic Federation of Canada, Former Vice President

LABDARA Nursing Home in Etobicoke, Board of Directors

Society of Trust and Estate Practitioners

Donald Fiske

Civil Litigation Lawyer

Location: Toronto

Services: Commercial Litigation

Languages: English

Office: 416-236-3060 x 432

Toll Free: 1-877-236-3060

Donald Fiske headshot

Biography

Donald R. Fiske joined Pace Law Firm in April, 2008, in order to establish and head the firm’s Civil and Commercial Litigation department. The team which he has assembled addresses a variety of issues relating to corporate recovery, insolvency, partnership disputes, construction litigation, civil fraud, wrongful act conspiracy, Aboriginal commercial claims, breach of contract and claims against the Crown.

Don is a graduate of Dalhousie Law School and was called to the Ontario bar in 1977. In 2007 he was called to the bar in British Columbia. Don established his own litigation firm in 1982 and, over the course of the next 26 years, he specialized in matters pertaining to corporate collections, complex debtor/creditor litigation, insolvency, bankruptcy, and construction litigation matters.

Don’s roster of clients has included multinational corporations representing the manufacturing, financial, and communications sectors. In addition, he has also acted on behalf of numerous small business owners and entrepreneurs regarding various types of civil litigation, with a particular emphasis on debtor/creditor disputes. Recently he has also represented First Nations people in commercial disputes and currently provides consulting services with respect to First Nations commercial issues for members at Akwesasne, near Cornwall, and Whitesand First Nation in Northern Ontario.

Don has received his accreditation as a Certified Specialist in Civil Litigation from the Law Society of Ontario. With over 40 years of experience in commercial litigation, he possesses a wealth of knowledge and expertise, with a proven record of success, on which he draws in offering clients his unique expertise. Don is frequently consulted by lawyers in other law firms to provide advice as to approach and strategy and also to assist in ongoing litigation. He has extensive experience as a trial lawyer and also has conducted appeals at the Ontario Court of Appeal.

Two lawyers who worked with Don on trial matters have obtained their Certified Specialist status in Civil Litigation and another lawyer who worked with him has appeared as lead Counsel at the Supreme Court of Canada. Don possesses a unique skill set and resources to aid other lawyers who may wish to make a referral as a result of a conflict, or are seeking assistance in proceeding with an action which may require a more experienced hand. He often works with other law firms in preparing for trial and will assist at trial, if called upon.

The Civil Litigation Department believes in the words of retired Justice Joseph W. Quinn that “Trial lawyers try cases. Trial lawyers who settle their cases are social workers”.

Education

  • Dalhousie Law School, Halifax, Nova Scotia, Canada (LL.B.)

Professional Associations And Memberships

Canadian Bar Association

British Columbia, Law Society

Law Society of Ontario

Advocates Society

Toronto Lawyers Association

Cases Of Note

PricewaterhouseCoopers v. Rohwedder Automated Systems Inc. [2005] O.J. No. 4715

GMC Distribution Ltd. v. Canada [2009] T.C.J. No. 216

1505986 Ontario Inc. v. Surma (2010) O.J. No. 3139

1505986 Ontario Inc. v. Surma (2010) O.J. No. 5549

Benedict v. Ohwistha Capital Corp. (2011) 329 D.L.R. (4th) 758

Benedict v. Ohwistha Capital Corp. (2014) 372 D.L.R. (4th) 484

Walters v. Ontario, 2015 O.J. No. 4137

Walters v. Ontario, 136 O.R. (3rd) 53

Walters v. Ontario [2017] S.C.C.A. No. 100

Dovbush v. Mouzitchka, 2014 ONSC 6480

Lloyd Benefit v. Continental Casualty Company, 2016 ONSC 7205

Umair Shaikh

Junior Lawyer

Location: Toronto

Languages: English

Office: 416-236-3060

Toll Free: 1-877-236-3060

Umair Shaikh headshot

Biography

Umair Shaikh is a junior lawyer who initially articled with Pace Law and was hired back. He graduated from the University of Leicester in 2015 and was called to the bar in 2018. Umair’s practice has been devoted to civil and commercial litigation. He has advocated and appeared on motions and hearings before the Superior Court of Justice, Small Claims Court and tribunals.