Nicholas Reynolds

Practice Areas

Construction and Infrastructure Law

Domestic and International Arbitration

Career

Nicholas is an Associate in the Construction and Infrastructure Law Group at Singleton Urquhart Reynolds Vogel LLP. He has been ranked in Chambers Canada and Who’s Who Legal, where he is recognized for his “extraordinary attention to detail”, “strong technical skills”, and his ability to “advise on complex matters in layman[’s] terms and outline next steps or recommendations in a manner that makes decision making easy”.

His practice focuses on resolving challenging disputes of all sizes for all manner of clients, including owners, sureties, contractors, subcontractors/suppliers, designers, and consultants. His experience extends to mass transit, border crossings, electrical infrastructure, healthcare, long-term care, high-rise residential and condominium projects, and commercial manufacturing facilities, among many others.

He prioritizes delivering practical, timely advice that allows clients to effectively manage their projects, including through dispute avoidance and resolution. In that regard, he has assisted in prosecuting and defending a wide range of construction and surety bond claims in various forums, including court proceedings, arbitration, mediation, structured negotiations, and before dispute boards.

He has also assisted clients with the preparation and negotiation of contract documents for construction projects – including bespoke and standard form contracts – as well as the negotiation of surety documents such as general indemnity agreements and financing agreements.

Nicholas is a frequent writer on topics such as construction law, domestic and international arbitration, contract law, insurance, and much more. He has been recognized by ADRIC as a Qualified Arbitrator, and is one of the youngest individuals in Canada to be designated a Fellow of the Chartered Institute of Arbitrators.

Professional Memberships

- Fellow, Chartered Institute of Arbitrators

- Member, ADR Institute of Canada

- Member, Canadian Bar Association

- Member, Ontario Bar Association

- Member, The Advocates’ Society

- Member, Toronto Commercial Arbitration Society

Publications

Co-author, “Tenoes Construction v Pinto: The Importance of Compliance with Timetables in Construction Lien Actions,” January, 2024

Co-author, “Ontario Securities Commission v Go-To Developments: The Limits of Solicitor-Client Privilege in a Receivership,” January, 2024

Co-author, “The FIDIC Practice Note on Dispute Boards – Lessons for Canada,” January, 2024

Co-author, “Davis v. Amazon: A High Threshold for Staying Litigation, A Low Threshold for Precluding Class Arbitration,” December, 2023

Co-author, “Backyard XP Inc v. Cesario-Valela: Limitations on Issuance of Third Party Claims Under the Construction Act,” December, 2023

Co-author, “Gay Company Limited v. 962332 Ontario Inc: The Meaning of “Registration” under the Construction Act and Land Titles Act,” December, 2023

Co-author, “Emek Insaat Sti Ltd v European Union and the Fourth Arbitrator: The Limits of the Arbitral Secretary’s Role,” December, 2023

Co-author, “I Take it Back – Praxy Cladding Corp. v. Stone Lamina Inc. and the Withdrawal of Admissions from Pleadings and Examinations for Discovery,” December, 2023

Co-author, “FamilyMart China Holding Co Ltd v Ting Chuan (Cayman Islands) Holding Corporation: Dividing Disputes Between Arbitration and Court,” November, 2023

Co-author, “Country Comparative Guides – Canada – International Arbitration,” The Legal 500/Legalease, November, 2023

Co-author, “Symtech Innovations Ltd. v. Siemens Canada Limited: The Importance of Giving Timely Notice of Claims in Ontario,” November, 2023

Co-author, “Ponce v. Société d’investissements Rhéaume ltée: Good Faith and the Measure of Damages in Québec,” October, 2023

Co-author, “Song Lihua v Lee Chee Hon: The Right to be Heard Requires an Arbitrator’s Full Attention (Don’t Drive While Arbitrating),” October, 2023

Co-author, “Sjostrom Sheet Metal v Kelson: Transparency and Effective Communication in Non-Fixed Price Construction Contracts,” October, 2023

Co-author, “Construction Arbitration in Canada,” The Guide to Construction Arbitration, Global Arbitration Review, October, 2023

Co-author, “Sundance Development Corporation v. Islington Chauncery Residences Corp.: The Risks of Accepting an Uncertain “Repudiation” of Contract,” October, 2023

Co-author, “C v D: Compliance with Pre-Arbitration Conditions — A Question of Admissibility Rather than Jurisdiction,” October, 2023

Co-author, “Grupo Unidos Por El del Canal, S.A. et al v. Autoridad del Canal de Panama: Disclosure Obligations and Partiality in Arbitration Revisited,” September, 2023

Co-author, “Sky Power v IrAero: Remote Arbitration Hearings May Create Difficulties for the Parties, But are Unlikely to Cause Prejudice,” September, 2023

Co-author, “Mattamy (Downsview) Limited v. KSV Restructuring Inc. (Urbancorp): Procedural Fairness in Arbitral Proceedings,” July, 2023

Co-author, “Devlan Construction Ltd v SRK Woodworking Inc: Joinder of Trust and Lien Claims is Not Permissible Under Ontario’s Construction Act,” July, 2023

Co-author, “Arad Incorporated v Rejali et al: Court Wary of Returning Security in Lien Claims on the Sole Basis of Statutory Adjudication,” July, 2023

Co-author, “CZT v CZU: Deliberative Secrecy in Arbitration,” July, 2023

Associate Editor, “A Guide to Canadian Construction Insurance Law,” 2nd Edition, Thomson Reuters, 2023

Co-author, “Bhatnagar v. Cresco Labs Inc.: Clarifying the Duty of Honest Performance and the Presumption of Loss,” June, 2023

Co-author, “Getting the Deal Through Construction: Canada,” Lexology, June, 2023

Co-author, “Haider v Rizvi: Implications of Failing to Prescribe Form and Content of a Release,” June, 2023

Co-author, “Kingsgate Property Ltd. v. Vancouver School District No. 39: Issue Estoppel and Prior Arbitrations under the Same Agreement,” May, 2023

Co-author, “The Estate of Arbabbahrami v. MSH International (Canada) Ltd.: Implications for “War” and “Military or Usurped Power” Insurance Exclusions and Force Majeure Clauses,” May, 2023

Co-author, “Husky Food Importers & Distributors Ltd v. JH Whittaker & Sons Limited: Ontario’s New Test for Staying Litigation in Favour of Arbitration to Determine the Validity of an Arbitration Agreement,” May, 2023

Co-author, “Limits on the Presumption of Consistent Expression in Contracts: Baffinland Iron Mines v. Tower-EBC,” April, 2023

Co-author, “Judicial Support for Expert Determination as a Dispute Resolution Alternative: KHM Cardiology Centres v Lambardar,” April, 2023

Co-author, “Getting the Deal Through – Arbitration,” Lexology, March, 2023

Co-author, “Aroma Franchise Company v Aroma Expresso: Guidance and Questions on Disclosure Obligations and Reasonable Apprehension of Bias in Arbitration,” March, 2023

Co-author, “Peace River v Petrowest: Lessons Learned for the Construction & Infrastructure Industry,” November, 2022

Co-author, “Country Comparative Guides – Canada – International Arbitration,” The Legal 500/Legalease, November, 2022

Co-author, “Getting the Deal Through Construction: Canada,” Lexology, June, 2022

Co-author, “Construction Law (Canada) Chapter,” Chambers Global Construction Law Guide, 2022, 2023

Co-author, “Getting the Deal Through – Arbitration,” Lexology, February, 2022

Co-author, “Getting the Deal Through – Arbitration,” Lexology, July, 2021

Co-author, “Carillion, the Companies’ Creditors Arrangement Act and Construction Lien Act Trusts: Confusion (again) regarding certainty of subject matter and commingling of funds,” May, 2021

Co-author, “Wastech v Greater Vancouver Sewerage: Uncertainty Remains,” March, 2021

Co-author, “Callow v Zollinger: Developments in the Duty of Honest Performance and Good Faith’s Uncertain Future,” December, 2020

Co-author, “Atlantic Lottery Corp v Babstock: Waiver of Tort Steps Out of the 17th Century, but Uncertainty Persists,” August, 2020

C0-author, “Uber v Heller – The Evolution of Unconscionability,” July, 2020

Co-author, “Construction Act to be Exempt from Suspension of Procedural Time Limits,” April, 2020

Co-author, “COVID-19 – Health and Safety Implications,” March, 2020

“CM Callow Inc. v. Zollinger: The Relevance of Good Faith in Terminating Construction Contracts,” October, 2019

“Two Views of the Cathedral: Civilian Approaches, Reasonable Expectations, and the Puzzle of Good Faith’s Past and Future,” (2019) 44:2 Queen’s Law Journal 127

“Class Proceedings and the Future of Boilerplate in Consumer Contracts: Unconscionability as a Common Law Solution to Class Action Avoidance,” (2018) 13:2 Canadian Class Action Review 227

“The New Neighbour Principle: Reasonable Expectations, Relationality, and Good Faith in Pre-Contractual Negotiations,” (2017) 60:1 Can Bus LJ 94

“Dead or Alive? The Future of Entire Agreement Clauses,” (2016) 1 J Can C Construction Law 155, co-authored with Markus Rotterdam

“Nothing to Fear: Judicial Restraint Post-Bhasin,” (2016) 32:6 Construction Law Letter

“Case Comment on Yorkwest Plumbing v Nortown,” Ontario Bar Association Newsletter (May 27, 2016), online: http://tinyurl.com/gtsvc5a

Personal

- Recognized in Chambers Canada — Canada’s Leading Lawyers for Business (Construction) as an Associate to Watch in the area of Construction Law.

- Recognized in Who’s Who Legal, Construction Law Future Leader.

Expert in these Jurisdictions

Called to the Ontario Bar, 2019