Duncan W Glaholt
Firm:
Office:
141 Adelaide St. W
Suite 800
M5H 3L5
City:
Toronto
State:
Ontario
Country:
Canada
Tel:
+1 416 368 8280
Fax:
+1 416 368 3467

Questions and Answers:

Who's Who Legal Thought Leaders - Construction

Duncan Glaholt is a certified specialist and recipient of the Law Society of Ontario Award of Excellence in construction law; a chartered arbitrator; and a fellow of the American and Canadian Colleges of Construction Lawyers, and the International Academy of Construction Lawyers. He is an internationally respected mediator, arbitrator, adjudicator, DRB chair, referee, and widely published author on construction law and ADR subjects. Mr Glaholt is an adjunct professor at the Faculty of Law, University of Toronto.

What motivated you to specialise in construction law?

I come from a four-generation construction industry background on both sides of the family: masons, carpenters, house builders, engineers and contractors. Construction law was a natural choice.

What was the biggest challenge you faced when establishing your own firm?

Time. Finding more of it when there was always less.

As founding partner, how do you ensure your practice stands out among competitors in the market?

By following a single rule: “Make it about the work.”

What are the main challenges currently facing construction lawyers in Canada?

Lack of advocacy opportunities and an inability to acquire solid trial experience early in one’s career.

How does your work in mediation and arbitration enhance your litigation practice?

In an ideal system, young lawyers would serve as arbitrators for a few years before being permitted to practise advocacy for private clients. One learns the level of dependence that the decision maker has on the quality of counsel, their intellectual honesty, and their civility.

Why do you think arbitration is such a popular form of dispute resolution in the construction sector?

Trial of complex construction cases following strict rules of evidence, and full adversarial discovery practices, is an unsustainable model. The sheer volume of documentation involved in massive infrastructure projects makes classic adversarial litigation impossible in any cost-effective way. Moreover, it is unnecessary and indeed undesirable that this be done at public expense.

What advice would you give to younger lawyers looking to pursue a career in construction law?

Immerse yourself in all aspects of the industry. Participate in all relevant organisations. Active continuous engagement.

What is the secret to your success?

I believe that the quotation is often attributed to Ted Turner, but “work hard and advertise”; to which I would add, predictably at this point, “make it about the work”.

Biographies:

Who's Who Legal Canada - Construction

Duncan W Glaholt, CArb, is the founder and a partner of the leading and nationally recognised construction law firm of Glaholt LLP, consistently peer rated as one of Canada’s most highly recommended mid-sized construction law practices. He is the recipient of the 2014 OBA Award of Excellence in Construction Law and the 2018 TCA Donald Griffin Jr Award, and has been named one of Canada’s leading lawyers in the construction law category in the Lexpert/American Lawyer‘s “leading 500 lawyers in Canada” every year that category appeared in publication. Mr Glaholt maintains Martindale-Hubble’s highest possible AV rating and is certified by the Law Society of Ontario as a specialist in construction law. 

Mr Glaholt is a chartered arbitrator and mediator. He is a founding fellow and past president of the Canadian College of Construction Lawyers, a fellow of the American College of Construction Lawyers, and a founding fellow of the International Academy of Construction Lawyers and the North American branch of the Society of Construction Law. He is author and co-author of standard reference books on lien legislation, construction law, and alternative dispute resolution, such as The Law of ADR in Canada: An Introductory Guide, second edition (Markham, LexisNexis, 2018) and Halsbury's Laws of Canada - Alternative Dispute Resolution (Markham, LexisNexis, 2009, Reissue 2014, Reissue 2018), as well as an adjunct professor at the faculty of law at the University of Toronto.

As one of Canada’s foremost mediators and arbitrators of complex construction disputes, with a specialty in complex multi-party infrastructure disputes,  Mr Glaholt has been a member of arbitration panels in energy industry, wind power, cogeneration, nuclear power, nuclear new build and retrofit, solar power and related BOP and distribution systems as well as conventional infrastructure, environmental and housing development projects, both under institutional (ICC, JAMS, UNCITRAL) and ad hoc rules. In addition, he has had court appointments as a claims officer in major infrastructure insolvencies and as a referee of complex construction disputes.

WWL says: Duncan Glaholt boasts an outstanding construction law practice and is widely regarded by peers as "one of the best construction lawyers in Canada".

This biography is an extract from Who's Who Legal: Canada which can be purchased from our Shop.

Who's Who Legal Construction: Lawyers

Duncan W Glaholt, CArb, is the founder and a partner of the leading and nationally recognised construction law firm, Glaholt LLP. He has been consistently named in the Leading 500 Lawyers in Canada guide, in the field of construction law. Mr Glaholt is certified by the Law Society of Ontario as a specialist in construction law. He is a fellow of both the American and Canadian colleges of Construction Lawyers, and a founding fellow of the International Academy of Construction Lawyers.

Mr Glaholt is author and co-author of several standard reference books on construction law and alternative dispute resolution topics, including the Halsbury’s Laws of Canada Construction and Alternative Dispute Resolution titles (LexisNexis, 2008 and 2009), The Law of ADR in Canada: An Introductory Guide (LexisNexis, 2011), Construction Builders’ and Mechanics Liens in Canada (seventh edition, Carswell, 2005), Conduct of a Lien Action 2018 (Carswell, 2017) and The 2018 Annotated Ontario Construction Lien Act (Carswell, 2017). He is an adjunct professor in the Faculty of Law at the University of Toronto.

Mr Glaholt is a fellow of the Chartered Institute of Arbitrators and has mediated and arbitrated a wide range of complex, multiparty construction industry disputes with particular focus on mining, energy and infrastructure, co-generation, nuclear power, power distribution systems and conventional infrastructure and environmental projects.

Mr Glaholt has worked to bring adjudication rules and collaborative settlement practices into the Canadian legal mainstream.

WWL says: Duncan W Glaholt is one of the most respected construction lawyers and advocates in the industry and wins praise from sources who consider him "very impressive".

This biography is an extract from Who's Who Legal: Construction which can be purchased from our Shop.

Who's Who Legal Canada - Mediation

Duncan W Glaholt, CArb, is the founder and a partner of the leading and nationally recognised construction law firm of Glaholt LLP, consistently peer rated as one of Canada’s most highly recommended mid-sized construction law practices. He is the recipient of the 2014 OBA Award of Excellence in Construction Law and the 2018 TCA Donald Griffin Jr Award, and has been named one of Canada’s leading lawyers in the construction law category in the Lexpert/American Lawyer‘s “leading 500 lawyers in Canada” every year that category appeared in publication. Mr Glaholt maintains Martindale-Hubble’s highest possible AV rating and is certified by the Law Society of Ontario as a specialist in construction law. 

Mr Glaholt is a chartered arbitrator and mediator. He is a founding fellow and past president of the Canadian College of Construction Lawyers, a fellow of the American College of Construction Lawyers, and a founding fellow of the International Academy of Construction Lawyers and the North American branch of the Society of Construction Law. He is author and co-author of standard reference books on lien legislation, construction law, and alternative dispute resolution, such as The Law of ADR in Canada: An Introductory Guide, second edition (Markham, LexisNexis, 2018) and Halsbury's Laws of Canada - Alternative Dispute Resolution (Markham, LexisNexis, 2009, Reissue 2014, Reissue 2018), as well as an adjunct professor at the faculty of law at the University of Toronto.

As one of Canada’s foremost mediators and arbitrators of complex construction disputes, with a specialty in complex multi-party infrastructure disputes,  Mr Glaholt has been a member of arbitration panels in energy industry, wind power, cogeneration, nuclear power, nuclear new build and retrofit, solar power and related BOP and distribution systems as well as conventional infrastructure, environmental and housing development projects, both under institutional (ICC, JAMS, UNCITRAL) and ad hoc rules. In addition, he has had court appointments as a claims officer in major infrastructure insolvencies and as a referee of complex construction disputes.

WWL says: Duncan Glaholt is a well-known expert in complex dispute resolution. He is a highly regarded mediator and is regularly engaged in energy and infrastructure disputes.

This biography is an extract from Who's Who Legal: Canada which can be purchased from our Shop.

Who's Who Legal Mediation

Duncan W Glaholt, CArb, is the founder and a partner of the leading and nationally recognised construction law firm, Glaholt LLP. He has been consistently named in the Leading 500 Lawyers in Canada guide, in the field of construction law. Mr Glaholt is certified by the Law Society of Ontario as a specialist in construction law. He is a fellow of both the American and Canadian colleges of Construction Lawyers, and a founding fellow of the International Academy of Construction Lawyers.

Mr Glaholt is author and co-author of several standard reference books on construction law and alternative dispute resolution topics, including the Halsbury's Laws of Canada Construction and Alternative Dispute Resolution titles (LexisNexis, reissues 2017 and 2018), The Law of ADR in Canada: An Introductory Guide (LexisNexis, second edition 2018), Construction Builders' and Mechanics Liens in Canada (seventh edition, Carswell, 2005), Conduct of a Lien Action 2018 (Carswell, 2017) and The 2018 Annotated Ontario Construction Lien Act (Carswell, 2017). He is an adjunct professor in the Faculty of Law at the University of Toronto.

Mr Glaholt is a fellow of the Chartered Institute of Arbitrators and has mediated and arbitrated a wide range of complex, multiparty construction industry disputes with particular focus on mining, energy and infrastructure, co-generation, nuclear power, power distribution systems and conventional infrastructure and environmental projects.

Mr Glaholt is the recipient of the 2014 OBA Award of Excellence in Construction Law and the 2018 Toronto Construction Association Donald Griffin Jr Award for lifetime contribution to the industry.

Mr Glaholt has worked to bring adjudication rules and collaborative settlement practices into the Canadian legal mainstream.

WWL says: Duncan Glaholt is lauded as a "universally respected" figure in the market by peers, who highlight him as a "top construction industry mediator".

This biography is an extract from Who's Who Legal: Commercial Mediation which can be purchased from our Shop.

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