Annik Forristal 

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Annik practices municipal land use planning and development law, construction law and environmental law. She particularly enjoys opportunities to apply her engineering background in her practice.

Annik is an elected member of the Ontario Bar Association’s Municipal Law Executive and is experienced with the process for obtaining approvals of citywide and site specific official plan amendments, rezonings, severances and minor variances. Annik represents developers, ratepayers and municipalities and has made submissions to committees of council, municipal councils and Committees of Adjustment. She regularly appears before the Local Planning Appeal Tribunal (formerly the Ontario Municipal Board) and Toronto Local Appeal Body, as applicable, in matters ranging from complex site specific rezoning applications to appeals of citywide Official Plan amendments to applications for consent and minor variance. Annik has also represented clients in Provincial Offences Court with respect to Building Code and by-law compliance matters. She is also experienced in drafting and negotiating development related agreements, including section 37 agreements and tie-back and crane swing agreements.

Annik effectively represents numerous players within the construction pyramid providing counsel with respect to industrial, commercial, institutional and residential projects. Her clients include owners, subcontractors and consultants, in matters relating to the preparation of construction contracts, contract negotiations, and complex contract claims and disputes. She is experienced with standard form construction contracts and has drafted and negotiated associated supplementary conditions, including for CCDC, CCA, OAA and ACEC form contracts. Annik has prepared and negotiated numerous engineering services contracts for projects ranging from complex rapid transit works to master service agreements to standard terms and conditions for use on smaller projects. She has also drafted and negotiated many agreements for renewable energy projects, including design-build agreements, master supply agreements and operation and maintenance agreements. Annik is also experienced in claims resolution, providing strategic representation and counsel in settlement discussions, mediation proceedings and arbitration proceedings.

Annik has advised both private and public sector clients with respect to transactional and regulatory environmental matters, including the contractual allocation and management of environmental risk. She is familiar with environmental permitting requirements, including environmental compliance approvals and permits to take water. Annik has also assisted many corporations in determining or carrying out their obligations under stewardship legislation, including for the collection and recycling of paper products, packaging and used tires. Annik has also represented clients in Provincial Offences Court with respect to environmental offences and has appeared before the Environmental Review Tribunal.

Annik joined McMillan as a summer student in 2010 and articled with the firm before her call to the Ontario bar in 2012. She received her Juris Doctor from the University of Calgary where she graduated on the Dean's List in 2011. During law school, Annik was VP Finance of the University's Environmental Law Society and received the award for highest academic achievement in environmental law in 2010.

Prior to law school, Annik received her Bachelor of Applied Science in Chemical Engineering from the University of Waterloo, and practiced as a project and process engineer with various Canadian companies.

Annik is also a member of McMillan Vantage LP

Representative Matters

Construction

• Acted for The Hospital for Sick Children for the drafting and negotiation of a supply agreement and CCDC 14 design-build contract for the supply and installation of a new CT Scanner.
• Acted for The Hospital for Sick Children for the drafting and negotiation of an OAA-600 contract for the provision of architectural services for early works for Project Horizon, a significant campus redevelopment project being undertaken by SickKids in cooperation with the Ministry of Health and Long-Term Care over the next decade in the heart of Toronto’s downtown.
• Acted for Westbank Projects Corp. for the drafting and negotiation of CCDC 5A, CCDC 17 and other associated contracts for each of the following significant mixed use developments: (a) Westbank’s distinctive Mirvish Village development comprised of 5 mixed-use buildings (ranging from 13 to 26 storeys in height) located at 581 Bloor Street West in the City of Toronto; (b) Westbank and Allied Properties REIT’s redevelopment of a heritage office building located at 19 Duncan Street in the City of Toronto’s Entertainment District for a 58-storey mixed-use building comprised of ground floor retail, hotel suites and rental apartments; and (c) Westbank and Allied Properties REIT’s development of a 16-storey mixed-use building designed by renowned architect Bjarke Ingels and located at 489 King Street West in the City of Toronto.
• Acted for Timbercreek Asset Management Inc. in the drafting and negotiation of development and construction contracts, including development agreements, cost sharing agreements, CCDC 2 contracts and CCDC 5B contracts, for use on various residential development projects across Canada.
• Acted for Magna International Inc. in the preparation of template construction contracts, including CCDC 5B contracts, for use on their projects in Canada.
• Provided support and advice to a leading Canadian University in the issuance of its Request for Proposals for construction management services for a new campus building, including drafting of the CCDC 5B contract for inclusion in the RFP and negotiation of such contract with the successful bidder.
• Acted for a large Canadian Bank in the preparation of template construction contracts, including CCDC 5B contracts, for use on their projects in Canada.

Land Use Planning

• Assisted Amexon Development and Heritage York Holdings Inc. in obtaining approval for a High Density Mixed Use Residential and Commercial Development on 1200, 1210 & 1200 Sheppard Avenue for a total of 1793 Residential units, 28,189 square feet retail and 136,000 square feet commercial office
• Assisted Lee Development in obtaining approval for a townhouse apartment development with 451 units
• Assisted Dunpar Developments Inc. in obtaining a Zoning By-law Amendment for 4390 Mississauga Road for a mid-rise, 65 townhome developments

Construction and Energy

• Assisted a major authority in successfully resolving construction delay and cost overrun disputes under a P3 agreement involving allegations of changed site conditions, severe weather, protest actions, and increased financing costs in respect of the construction of an underwater tunnel.
• Acted as counsel to an engineering and management firm providing assistance with the drafting and negotiation of numerous agreements for the provision of professional services, including for large infrastructure projects
• Drafted and negotiated individual and master agreement forms of engineering, procurement and construction contracts (EPC)
• Drafted and negotiated individual and master agreement forms of equipment supply agreements
• Drafted and negotiated Operation and Maintenance agreements for solar projects

Environment

• Acted as counsel to the Canadian Owners and Pilots Association in opposing the installation of 8 wind turbines in the Collingwood/Stayner Area, resulting in the first decision of the Environmental Review Tribunal where it was found that engaging in a renewable energy project in accordance with its renewable energy approval will cause serious harm to human health.
• Acted as environmental counsel to purchasers of impacted lands including advising in respect of conducting due diligence investigations, preparing remediation plans, obtaining Records of Site Condition (full-depth generic, background and risk-based), and negotiating agreements for purchase and sale.
• Acted as environmental counsel on the purchase of lands for re-development for industrial, commercial, office, residential and recreational uses.

Presentations

Publications

News

Education

• University of Calgary, Juris Doctor - 2011
• University of Waterloo, Bachelor of Applied Science in Chemical Engineering

Year Of Call

• Barreau de l'Ontario - 2012

Directorships and Professional Associations

• Ontario Bar Association

Awards & Rankings

• Award for highest academic achievement in environmental law at the University of Calgary, 2010
• Dean's List, University of Calgary 2011