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Our People: Brian M. Campbell

Brian M. Campbell

 

Counsel

http://www.ontariocounsel.ca/

Practising construction law in Toronto since 1975, Brian acts for builders, developers and sub-contractors throughout the Province of Ontario as litigation counsel. In particular, he represents builders both large and small who have legal problems and difficulties with the Tarion Warranty Corporation (formerly ONHWP).

Specifically, Brian represents builders in court proceedings or before the Licence Appeal Tribunal on issues concerning registration, breach of warranty, security requirements, guarantees and liability coverage all of which involve how to deal effectively with Tarion. Brian also represents builders faced with prosecutions or breach of contract claims as well as proceedings before the Builders Arbitration Forum.

In 30 years of litigation, Brian has developed a capacity to identify the problem and solve it with the minimum of time and cost in a way that maintains the builder’s business and reputation in a competitive market.

Homebuilders and renovators in Ontario require the benefit of specific legal knowledge and understanding which provides practical but effective solutions to their unique legal problems. Builders need to believe they can have an effective voice against Tarion and other adversaries, and obtain a fair and cost-effective resolution of their disputes.

Brian brings years of experience to the task, and has dealt with every conceivable issued faced by a builder in dealing with purchasers, owners, sub-contractors, Municipalities or Tarion.

Sound judgment and good advice solve half of the problems while hard work and innovative solutions solve the balance.

The key to solving builder’s problems is in knowing how they think and work, and the nature of their financial resources and time commitments.

For more information about Brian and to view his personal website, please click here.

Articles/Publications/Seminars:

Ongoing Periodic Newsletters to Ontario Developers and Home Builders regarding issues pertaining to ONHWP.

Published articles in Real Estate Law Journals, Legal Publications etc. on real estate litigation, bankruptcy and insolvency litigation, corporate/commercial litigation and related issued. 1998 to present.

Builder Issues with Tarion” – The Lawyers Weekly October 28, 2016

“Deposit Coverage, Warranties and Related Protection for the Consumer Under the ONHWPA.” – May 1998.

“The Canadian Legal System” from Survey Law in Canada (A collection of essays on the laws governing the surveying of land in Canada) Carswell 1989.

Enforcement Provision of the ONHWPA – Presentation to Executives, January 1989.

The Canadian Charter of Rights and Freedoms. Paper given February 1989. (Reprinted in the Annual Report of the AOLS – 1989).

The Ontario New Home Warranty Program (Insight Seminar) December 1986.

Double Jeopardy – February 1985. (Reprinted in the Annual Report of AOLS 1985).

Lecture on Evidence to the AOLS. (Reprinted in the Ontario Land Surveyor, 1985).

Firm Management – The Contracting Surveyor. (Reprinted in the Ontario Land Surveyor, 1984).

Speech to Frontenac County Bar Association – 1984.

The Jabour Case – Does it Affect the AOLS? (Reprinted in the Ontario Land Surveyor, 1983).

Prosecutions Under the Ontario New Home Warranties Plan Act/Elements of the Offense – Paper given November 1983.

The Claims Procedures and Decision Making Process of the HUDAC New Home Warranty Program – Paper given July 1981.

Canadian Bar Association: Ontario New Home Warranties Plan Act – Paper given in March 1981.

Life Insurance Institute of Canada: The Lender’s Role in the HUDAC New Home Warranty Program. Paper given December 1980.

Third Party Liability of Surveyors and Confidentiality of Survey Records, February 1980. (Reprinted on Ontario Land Surveyor).

Lectures to AOLS, both in Toronto and Ottawa, 1979. Topics:

  • The Canadian Legal System
  • The Structure of a Civil Action
  • Fact Siutation
  • The Disciplinary Committee and the Administrative Process
  • The Technique of Using a Law Library

Chairman of Seminar “The Surveyor and the Law” to members of the AOLS, February 1978. Specific Paper, “The Ontario Land Surveyor as a Plaintiff or Defendant.”

The Ontario Land Surveyor as an Expert Witness.

The laws of Evidence and Expert Testimony, March 1977. (Reprinted in 1977 Annual Report of the Association of Ontario Land Surveyors AOLS).

For more of Brian’s articles, please click here to visit his personal website.

Education

  • 2003 - Osgoode Hall Law School (LL.M.)
  • 1973 - Osgoode Hall Law School (LL.B.)
  • 1970 - University of Toronto (M.PHIL.)
  • 1968 - University of Toronto (M.A.)
  • 1967 - University of Toronto (B.A.Hons.)

Year of Call

  • Ontario, 1975