Jeremy Rankin 

Jeremy Rankin

Toronto
Brookfield Place, Suite 4400
181 Bay Street
Toronto, Ontario M5J 2T3

t: 647.943.8059
e: jeremy.rankin@mcmillan.ca

aperçu

Jeremy Rankin has a broad commercial litigation practice with a focus on construction, infrastructure and real estate disputes.

Jeremy represents owners, contractors and consultants in disputes concerning commercial, cost, delay and lien claims in both litigation and arbitration. He has assisted clients in resolving disputes relating to the construction of biomass plants, hydroelectric power stations, water treatment plants, and large residential and condominium developments. Jeremy also advises developers on disputes with contractors and purchasers of real property, and assists commercial landlords and tenants resolve leasing disputes.

Experienced in a broad range of litigation matters, Jeremy has also represented clients in franchise disputes, injunctions, jurisdictional challenges, enforcement of foreign judgments and letters rogatory, and a wide range of complex contractual disputes. Jeremy has appeared before the Ontario Superior Court, and numerous arbitration tribunals.

As an executive member of McMillan LLP’s national Construction Group, Jeremy regularly writes and presents on developments in the construction industry, and most recently on changes to the Construction Act in Ontario.

Jeremy holds a juris doctor from Osgoode Hall Law School and an honours degree in public affairs and policy management from Carleton University. Jeremy has also studied international law at Trinity College in Dublin, Ireland and at the Université Jean Moulin in Lyon, France. Jeremy also holds the certificate in construction law from Osgoode Hall and the Advocates’ Society civil litigation skills certificate.

Representative Matters

Litigation

  • Resolved at mediation, a contractor-client’s claim for unpaid contract amounts and changes, and owner’s claim for delay and deficiencies in the total amount of $36 million in respect of two high-rise condominium buildings in downtown Toronto. Successfully negotiated approximately 87% recovery of client-contractor’s claim and 100% defence of owner’s delay and deficiency claims.
  • Settled a complex construction lien and trust dispute involving the construction of an affordable condominium development on behalf of owner-developer. Resolved over 20 lien and trust actions, and over $3 million in claims made by the general contractor and sub-contractors.
  • Resolved at mediation a contractor-client’s claim for unpaid contract amounts and changes, and owner’s deficiency claim in respect of a series of university campus buildings in Halifax, Nova Scotia.
  • Successfully defended purchaser’s application for extension of closing date on behalf of developer-client, requiring purchaser to close on date specified by developer-client. Also obtained order for substantial indemnity costs against purchaser.
  • Successfully enforced letters rogatory from a US court, requiring a witness residing in Canada to provide documents and deposition testimony in a US proceeding.
  • Obtained numerous contempt orders against director of judgment debtor who refused to attend judgment debtor examinations, and obtained order for substantial indemnity costs against judgment debtor companies and director found in contempt.

Arbitrations

  • Defeated 20 cost and delay claims by an international engineering contractor totalling over $300 million, and simultaneously succeeded in claim for $37 million in liquidated damages for owner-clients in respect of the construction of two biomass plants.
  • Successfully resolved contractor-client’s claim for unpaid contract amounts and unlawful termination in respect of the construction of a water treatment plant.
  • Successfully resolved owner-client’s claim against operation and maintenance contractor in respect of over $1 million in production shortfall payments arising out of the operation of a number of solar energy projects.
  • Successfully resolved engineering firm-client’s claim against a foreign public authority in respect of the construction of a wastewater treatment plant in Africa.

Presentations

Publications

Can You Register A Builders Lien For Pre-Construction Services on a Cancelled Project? – Case Comment: Shelly Morris Business Services Ltd v Syncor Solutions Limited
La construction et la COVID­-19 au Canada : Guide sur les mesures adoptées par chaque province et territoire [à jour au 9 juin 2020]
La construction et la COVID­-19 au Canada : Guide sur les mesures adoptées par chaque province et territoire [à jour au 9 juin 2020]
Show Me the Money: Government of Ontario to Amend Emergency Order to Allow Release of Holdbacks
La gestion de projet en période de pandémie de COVID-19 – Une question de triage
The Impact of COVID-19 on the Construction Industry: A Reference Guide to the Changed Landscape
Defendants Beware: Courts May Be Hesitant to Dismiss Action for Delay even when Plaintiff Is the Major Contributor
Lost in Transition: Working Through the Silence Surrounding Leasehold Interests in the Construction Act's Transition Provisions
Is Your Refrigerator Limitation Period Running? Maybe Not Where One Party Promises to Fix the Problem
Stay Tuned: Ontario Proposes Sweeping Changes to Class Proceedings Act
Judicial Review "Through the Looking Glass": Issue-By-Issue Analysis
Purchasing Your Next Piece of Property With an iPad May Have Just Become a Reality
Car Allowances: Not A Sacred Right
Revisiting, Then Revising, Old Contracts: Court of Appeal Considers Test for Rectification
Medical Marijuana in the Workplace: Risks for Employers

Education

  • Osgoode Hall Law School, J.D. - 2015

Year Of Call

  • Ontario - 2015

Practices

litige
résolution de conflits
abitrage international
médiation
litiges en construction
immobilier commercial
construction
partenariats public-privé (PPP)

Industries

construction
immobilier commercial
infrastructures
exploitation minière

Awards & Rankings

  • JSD Tory Research and Writing Award

Jeremy Rankin has a broad commercial litigation practice with a focus on construction, infrastructure and real estate disputes.

Jeremy represents owners, contractors and consultants in disputes concerning commercial, cost, delay and lien claims in both litigation and arbitration. He has assisted clients in resolving disputes relating to the construction of biomass plants, hydroelectric power stations, water treatment plants, and large residential and condominium developments. Jeremy also advises developers on disputes with contractors and purchasers of real property, and assists commercial landlords and tenants resolve leasing disputes.

Experienced in a broad range of litigation matters, Jeremy has also represented clients in franchise disputes, injunctions, jurisdictional challenges, enforcement of foreign judgments and letters rogatory, and a wide range of complex contractual disputes. Jeremy has appeared before the Ontario Superior Court, and numerous arbitration tribunals.

As an executive member of McMillan LLP’s national Construction Group, Jeremy regularly writes and presents on developments in the construction industry, and most recently on changes to the Construction Act in Ontario.

Jeremy holds a juris doctor from Osgoode Hall Law School and an honours degree in public affairs and policy management from Carleton University. Jeremy has also studied international law at Trinity College in Dublin, Ireland and at the Université Jean Moulin in Lyon, France. Jeremy also holds the certificate in construction law from Osgoode Hall and the Advocates’ Society civil litigation skills certificate.

Litigation

  • Resolved at mediation, a contractor-client’s claim for unpaid contract amounts and changes, and owner’s claim for delay and deficiencies in the total amount of $36 million in respect of two high-rise condominium buildings in downtown Toronto. Successfully negotiated approximately 87% recovery of client-contractor’s claim and 100% defence of owner’s delay and deficiency claims.
  • Settled a complex construction lien and trust dispute involving the construction of an affordable condominium development on behalf of owner-developer. Resolved over 20 lien and trust actions, and over $3 million in claims made by the general contractor and sub-contractors.
  • Resolved at mediation a contractor-client’s claim for unpaid contract amounts and changes, and owner’s deficiency claim in respect of a series of university campus buildings in Halifax, Nova Scotia.
  • Successfully defended purchaser’s application for extension of closing date on behalf of developer-client, requiring purchaser to close on date specified by developer-client. Also obtained order for substantial indemnity costs against purchaser.
  • Successfully enforced letters rogatory from a US court, requiring a witness residing in Canada to provide documents and deposition testimony in a US proceeding.
  • Obtained numerous contempt orders against director of judgment debtor who refused to attend judgment debtor examinations, and obtained order for substantial indemnity costs against judgment debtor companies and director found in contempt.

Arbitrations

  • Defeated 20 cost and delay claims by an international engineering contractor totalling over $300 million, and simultaneously succeeded in claim for $37 million in liquidated damages for owner-clients in respect of the construction of two biomass plants.
  • Successfully resolved contractor-client’s claim for unpaid contract amounts and unlawful termination in respect of the construction of a water treatment plant.
  • Successfully resolved owner-client’s claim against operation and maintenance contractor in respect of over $1 million in production shortfall payments arising out of the operation of a number of solar energy projects.
  • Successfully resolved engineering firm-client’s claim against a foreign public authority in respect of the construction of a wastewater treatment plant in Africa.
Avril 2020
Government of Ontario to amend emergency order to allow release of holdbacks
(seulement disponible en anglais)

Link2Build

10 Avril 2020
Show Me the Money: Government of Ontario to Amend Emergency Order to Allow Release of Holdbacks(seulement disponible en anglais)

Construction Bulletin

8 Avril 2020
La gestion de projet en période de pandémie de COVID-19 – Une question de triage

Bulletin sur le droit de la construction

3 Avril 2020
The Impact of COVID-19 on the Construction Industry: A Reference Guide to the Changed Landscape(seulement disponible en anglais)

Construction Law Bulletin

Mars 2020
Defendants Beware: Courts May Be Hesitant to Dismiss Action for Delay even when Plaintiff Is the Major Contributor(seulement disponible en anglais)

Advocacy and Litigation Bulletin

Février 2020
Lost in Transition
(seulement disponible en anglais)

Link2Build

Janvier 2020
Is your limitation period running?
(seulement disponible en anglais)

Link2Build

Janvier 2020
Is Your Refrigerator Limitation Period Running? Maybe Not Where One Party Promises to Fix the Problem(seulement disponible en anglais)

Litigation, Construction Litigation, Advocacy & Employment Bulletin

Décembre 2019
Stay Tuned: Ontario Proposes Sweeping Changes to Class Proceedings Act(seulement disponible en anglais)

Litigation Bulletin

Octobre 2019
It's Time You Got Paid - Promptly
(seulement disponible en anglais)

The Generals

Février 2016
Judicial Review "Through the Looking Glass": Issue-By-Issue Analysis(seulement disponible en anglais)

Administrative Law Bulletin

Janvier 2016
Purchasing Your Next Piece of Property With an iPad May Have Just Become a Reality(seulement disponible en anglais)

Real Estate Bulletin

Décembre 2015
Car Allowances: Not A Sacred Right(seulement disponible en anglais)

Employment and Labour Bulletin

Octobre 2014
Revisiting, Then Revising, Old Contracts: Court of Appeal Considers Test for Rectification(seulement disponible en anglais)

Litigation Bulletin

Juillet 2014
Medical Marijuana in the Workplace: Risks for Employers(seulement disponible en anglais)

Employment and Labour Bulletin