8 minute read
Interview with James Little
James Little
When and where did the interest arise to become a lawyer?
My interest in advocacy arose in high school . At that time, I took an elective class called Dispute Resolution and the Law, which fascinated me . I enjoyed learning about the inherent complexities of the legal system and the unique challenges litigators faced on a dayto-day basis . Over the course of my undergraduate degree, my academic trajectory took me on another path into the world of civil and environmental engineering . However, while I did enjoy my time learning and developing as an engineering student, and then engineerin-training, the idea of working as a litigator had strongly taken root and ultimately pulled me towards law school .
What did you study prior to going to Law School?
I studied Civil and Environmental Engineering at the University of Western Ontario (now Western University) . There, I was lucky to learn from some of the finest technical minds in Canada . Ultimately, I finished with a Bachelor of Engineering Sciences with a focus on Water and Wastewater Engineering . This background has allowed me to transition naturally into the field of construction law, and often provides me with necessary insight into problems our clients face in the construction industry .
Which Law School did you attend and what do you view as a highlight?
After a few years working as an engineerin-training, I was fortunate to be accepted and enrolled at the University of Windsor – Faculty of Law . There, I was able to develop my legal skills while also meting an amazing group of future lawyers . I also was in a unique position; as the only engineer in my graduating class (and one of only a few in the faculty at the time), I was able to approach legal problems with a different lens . Engineers are taught to focus on logical solutions to problems and to approach them meticulously and with efficiency . Lawyers are also taught to problem solve and importantly, to write effectively . In combining the skills I had been taught at both of these institutions, I found myself uniquely positioned to enter the legal field, seeking a position related to engineering and legal challenges facing the construction industry .
Where did you work after Law School and what were your particular experiences?
During law school and after graduation, I was employed by a large national law firm where I worked as a summer student, articled student, and associate, with a focus on infrastructure development, public policy, construction litigation and dispute resolution . I have since developed a broad practice at Singleton Urquhart Reynolds Vogel LLP, a nationally and internationally recognized construction law firm, that handles significant and complex construction and infrastructure files . There, under tutelage provided by the leaders of the firm – and in particular partners Bruce Reynolds and Sharon Vogel – we are building a construction practice that includes public-private partnerships and large procurements involving a wide variety of projects such a highways, mines, transit, bridges, hospitals, and other significant projects . As well, I have been involved in lawsuits and arbitrations involving international and domestic entities . I have also had the privilege of working with Bruce and Sharon on the amendments to the Construction Lien Act (now Construction Act) in Ontario, as well a being engaged by Public Services and Procurement Canada to propose legislation at the federal level in relation to issues of prolonged payment cycles and inefficiency of dispute resolution .
What do you see as the change facing the construction industry?
As we often tell our clients, change is coming . This change in the form of prompt payment and adjudication in Canada’s construction industry . For example, in fall 2019, Ontario’s Construction Act will enter into its second phase of transition where, on October 1, 2019, prompt payment and adjudication provisions under the legislation will come into force . What this means is new statutory requirements for prompt payment, and a completely new form of dispute resolution―that has been effectively employed in the UK for decades―will be brought into Ontario to break up dispute grid-lock and allow cash to flow on construction projects . Construction businesses will need to adapt their practices, their procedures, and potentially even adjust staffing, to accommodate the new requirements of the legislation . Change is not limited to Ontario, however . As announced in the federal Fall 2018 Economic Statement, the Government of Canada will introduce legislation to implement the prompt payment of contractors and sub-contractors for federal projects on federal lands, as well as the adjudication of payment issues . We have also heard that several provinces across the country are following suit, as they introduce
their own respective versions of prompt payment and adjudication legislation, following from our work in Ontario .
Do you think that the industry is well positioned to respond to these changes?
Not to sound cliché, but it depends . When we are advising our clients, we focus on reviewing their various contracts and policies to ensure they are effectively prepared and that their businesses will be well positioned to succeed under the new legislative regime . That said, not every construction industry participant has taken the necessary steps to prepare themselves for the change . Understandably, change is hard and can sometimes be expensive . While the push for promptness of payment and adjudication began with grass-roots movements at the subcontractor and trade level, not all of those businesses will have had the opportunity to adjust . The transition period for prompt payment and adjudication was made to extend from July 1, 2018 to October 1, 2019 for this very purpose . Hopefully, over the course of 2019, all construction industry participants will take the time to prepare themselves and re-engineer their internal processes―such that October 1, 2019 is a smooth transition and not a shock to the industry .
What would you say is one of the most interesting mandates that you have worked on?
As I have already spoken about our public policy mandates in recommending adjudication and prompt payment to both the Ontario and Federal governments, another example of an interesting mandate comes to mind . Over the first three and a half years of my practice, I was engaged as part of a team working for an EPCM contractor in relation to a $300 million mining dispute under the ICC rules for international arbitration . As part of this team, we were tasked with rebuilding the events of a lengthy and complex project that had intriguing factual circumstances leading to intricate legal issues . Working with the client in developing a sound legal strategy and gaining insight into the workings of the world of major projects was truly rewarding and has influenced my practice significantly in the years since .
Can you explain your role within the Canadian and Ontario Bar Associations?
I view the construction bar as being a particularly collegial group of people who elevate the standards of the practice of law in Canada . They are also a group of people who are uniquely positioned to monitor, review and address legal issues that face the construction industry year-over-year . As such, I was fortunate to have been elected as a member-at-large on the Ontario Bar Association Construction and Infrastructure Section Executive . As part of the executive, we meet regularly to discuss and evaluate progress on legal mandates as well as current issues before Ontario’s judiciary . As well, I am currently the Chair of the Canadian Bar Association Young Leaders Subcommittee for Construction and Infrastructure law, and sit on the Canadian Bar Association Construction and Infrastructure Section executive in that role . With this particular position, I have the opportunity to focus, with my fellow committee members, on issues such as the furtherance of construction legal education in law schools . Currently, construction law is taught at only a few law schools across the country, and is not a wellknown discipline, despite the size, strength and sophistication of the industry we serve .
What future leadership role would you like to take in the future?
A leadership role is something I believed should be earned . My goal, which I understand is shared with my colleagues, is to continue to develop as leaders intellectually within our field of practice . In that regard, we focus on academic pursuits and the development of our craft through further education, publishing and teaching opportunities . I hope to continue on this path, while developing interesting connections and doing the best work for the best clients, all with developing a practice that works for me, my family and my firm .
What drives you to excel in what you do and what are your interests or hobbies?
My passion for my career drives me to excel . I enjoy the puzzles and the challenges that a career in construction law has to offer . I find the practice to be mentally stimulating while also enjoyable, given the opportunity to work with passionate individuals with similar drives to succeed . I am driven to excel by those around me, and I hope to inspire them as well . When I am not working however, I enjoy international travel, photography, and most importantly, time with my wife and my son Austin .
James Little is an Associate in the Construction and Infrastructure Practice Group of Singleton Urquhart Reynolds Vogel LLP . He advises on domestic and international construction disputes, including court proceedings, negotiation, arbitration and other dispute resolution alternatives, and for a wide variety of construction industry clients .el .
