PRACTICE GEMS CONSTRUCTION LIEN ESSENTAILS Speaker Biographies

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1 PRACTICE GEMS CONSTRUCTION LIEN ESSENTAILS 2017 Speaker Biographies March 2, 2017

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3 (short bio - as at March 2016) Edward (Ted) G. Betts Ted practices construction and infrastructure law. He is a certified specialist in Construction Law and the current Head of the Gowling WLG Infrastructure and Construction Sector Group. In particular, he regularly acts as quarterback on large-scale construction and development projects in the energy/renewable energy, P3/infrastructure and social/community development projects, co-ordinating and supervising the timely and cost effective delivery of project documents, regulatory and government approvals, tax structuring, OHS planning, insurance and risk advice and strategic advice from other legal specialists. Ted has 20 years of experience in construction law and infrastructure project experience in all aspects of tendering, negotiating and drafting of contracts, structuring, project management, financing and sales. He has developed specialized expertise in negotiating and drafting construction contracts on large-scale construction, P3/infrastructure and development projects. He works in all sectors that involve construction projects, including commercial construction, power and energy (nuclear, hydroelectric and solar power generating stations), mining and transportation. Ted is the Secretary of Executive of the Construction and Infrastructure Law Section of the OBA and is Co-Chair of the Construction Lien Act Reform Subcommittee of the OBA. Ted has also written papers and presented seminars on tendering, liens, prompt payment issues and Construction Lien Act reform. He Chairs the twice annual Construction Law Forum at Gowling WLG. Ted is President and Chair of the Board of Directors of Family Service Toronto, one of the largest and oldest charitable organizations in Toronto. He also coaches community level hockey at the Forest Hill Hockey Association. Ted was recognized for his volunteer services in 2013 with an award of a Volunteer Service Award by the province of Ontario.

4 Karen B. Groulx Partner, Toronto D karen.groulx@dentons.com Karen is a Partner in our Construction, Litigation and Real Estate groups. Her practice includes negotiation and drafting of various types of construction documents on behalf of owners and general contractors as well as dispute resolution and litigation involving the awarding of contracts, construction liens and related proceedings on behalf of owners, general contractors and subcontractors as well as mortgagees. Karen handles trust and bond claims, negligence claims and contract claims including claims relating to construction defects, product liability and other disputes such as professional negligence claims, engineers and architects liability cases. Karen has particular expertise in E-Discovery in the context of litigation matters as well as in the context of the preparation of records retention and records management policies. Karen is a founding member of the Sedona Canada Working Group on Electronic Document Retention and Production in Canada. Sedona Canada is a member of the Sedona Conference, an internationally recognized nonpartisan law and policy think-tank based in Sedona, Arizona. She was also a member of the Electronic Discovery Sub- Committee of the Task Force on the Discovery Process in Ontario, which produced the Guidelines of the Discovery of Electronic Documents in Ontario. Karen is a member of the Ontario Bar Association Executive for Construction Law. Recognition Recognized by Best Lawyers in Canada as one of Canada s leading lawyers in the area of Construction Law (2016, 2017) Quoted in Focus: Cloud services create challenge for e-discovery, Law Times, 7 December, 2016 Education Osgoode Hall, 2004, LLM University of Western Ontario, 1988, LLB University of Waterloo, 1985, BA (Hons) Admissions and Qualifications Ontario, 1990 Languages English 1

5 CREDENTIALS Education LL.B., University of Western Ontario, 1999 B.Sc. (Honours), York University, 1996 Admissions Ontario, 2001 Languages Howard Krupat Partner English Suite 6000, 1 First Canadian Place PO Box 367, 100 King St W, Toronto, ON, M5X 1E2, Canada T: F: Howard Krupat leads our Canadian construction dispute resolution practice. His entire practice is focused on construction and infrastructure law and encompasses all sectors of that industry. Howard represents a broad range of clients including owners, lenders, general contractors, subcontractors, suppliers as well as architecture and engineering professionals. The claims side of Howard s practice entails the negotiation, mediation, litigation, and arbitration of disputes relating to all facets of construction law including contract disputes, bidding and tendering, delay claims, professional negligence, bond claims, construction liens and trust claims. Howard also has significant experience with the preparation of construction and related contracts and the provision of strategic project advice. Howard has acted in matters relating to a wide variety of projects, including energy, infrastructure, retail and other commercial projects, subways, airports, residential, condominium, community centres, environmental remediation, retirement facilities and auto manufacturing. Howard also devotes a substantial amount of time to industry and professional associations. He is a former Chair of the Ontario Bar Association s Construction Section Executive and is a member of the Allied Professions Committee of the Toronto Construction Association. Howard regularly chairs and speaks at seminars on a variety of construction law issues and has also published many articles in the area. Howard is currently the Contributing Editor of the Construction Law Letter, a bi-monthly national publication of LexisNexis. Most recently, Howard was appointed to the Advisory Panel for the Expert Review of Ontario s Construction Lien Act. Howard is recognized as a leading practitioner in the area of Construction Law in Best Lawyers in Canada (since 2012) and the Canadian Legal Lexpert Directory (since 2013). He is also a ranked lawyer for Construction Law in Chambers Global (since 2015) and is rated AV Preeminent, the highest peer review rating, by Martindale-Hubbell.

6 David Outerbridge is a partner in Torys' Litigation Department. He acts as both trial and appellate counsel, with specialized expertise in complex written and appellate advocacy. His practice is broad, with an emphasis on energy and infrastructure litigation, construction and procurement disputes, product liability claims, class actions, insurance law, environmental claims and commercial litigation. David s construction, energy and infrastructure clients include project developers and owners, lenders, contractors, design professionals, regulators and insurers. In David s substantial class actions practice, he acts for clients in a wide range of industries including pharmaceutical companies, financial institutions, public authorities and schools. David is the Co-Chair of the Class Actions Section of the Ontario Bar Association and Program Coordinator of the Construction Law Section of the Ontario Bar Association. David is on the steering committee of Sedona Canada and is a Past-Chair of the Ontario E-Discovery Implementation Committee. David speaks, teaches and writes frequently on a variety of topics including cyber-security, class actions, written advocacy, electronic evidence and e-discovery, solicitor-client and litigation privilege, and best practices for litigation readiness and document retention.

7 David Swift partner BIOGRAPHY David s practice focuses on secured enforcement and other insolvency matters including mortgage enforcement, as well as on construction and other commercial litigation matters. David acts for credit unions, banks, and other lenders in collecting loans from insolvent or underfunded clients. Suppliers and general contractors call on David to help resolve numerous construction-related problems, while business owners turn to him when facing commercial litigation challenges such as non-payment and breach of contract allegations. d.swift@advocatesllp.com P: x 235 F: David has represented clients in proceedings in the Ontario Superior Court of Justice and Ontario Court of Appeal. David has prepared several papers and has been a presenter to both clients and professional associations (including the Ontario Bar Association) on construction lien and insolvency topics. When he is not serving clients, David is highly active within the community, serving as a Director of Make a Wish Southwestern Ontario and as a member of the Middlesex Law Association, and the Canadian Bar Association.

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