Recent Amendment to the Construction Act makes its debut in Third Year French Programs Moot Court

By Common Law

Communication, Faculty of Law

Moots
Recent Amendment to the Construction Act makes its debut in Third Year French Programs Moot Court
Pierre Courteau, a newly appointed adjucator by the Ontario Dispute Adjudication for Construction Contracts (“ODACC”), presided on the November 1, 2019 Moot Court, held at the University of Ottawa in the Ian G. Scott Courtroom.

Third year Common Law (French program) and Civil Law students prepared and presented each side of a case in front of a Construction Law Moot Court on November 1, 2019 as part of their mid-term examinations that would be worth 50% of their marks. Professor Yvan Houle (LLB ‘84, LLL ’88), listened to them actively and took the opportunity to recognize the students’ experiences in presenting cases in Moot Court.

21 students, separated into two teams, had the opportunity to draft their memoranda and to select their teammates who would present, argue and counter argue each of the parties’ positions. In this specific case, it was the building’s proprietor vs. the contractor managing the construction.

The innovation in this specific case is that the students had to take into account changes to the Construction Act as of October 1, 2019. The recent amendments to the Construction Act focused on three major reforms: modernization of lien provisions, introduction of prompt payment, and a new interim binding dispute resolution mechanism known as adjudication.

Participation in Moot Courts or "mooting", is an increasingly important part of the law school experience. They provide the opportunity to students to take part in simulated court or arbitration proceedings and frequently involve drafting memorials or memoranda and participating in oral arguments.

Mr. Courteau has over 40 years’ experience in project management and construction management, gained working with both public and private sector clients in Canada and abroad. With an in-depth knowledge of contracting practices, in the Caribbean, USA and the Arctic, including preparation of tender documents, contract development and claims negotiations Mr. Courteau’s experience has been gained at all levels of project delivery, on projects with values up to $1.4B.

The Ian G. Scott Courtroom is a fully functional courtroom where judges hear regular cases as law students observe and comment behind a one-way glass in the adjoining classroom. No other law faculty can say they offer this experience. For rental enquiry, please contact [email protected].

To read more about the amendments: 

https://www.osler.com/en/resources/regulations/2019/ontario-prompt-payment-and-adjudication-the-final-countdown

https://www.attorneygeneral.jus.gov.on.ca/english/construction_law_in_ontario.php