Seminar 1: Seismic Change Comes Yet Again to Construction in Ontario: the good, the bad and the ugly of soon to be implemented Construction Act changes.

Significant changes to the Construction Act are set to come into force at some point in early 2025. Holdback will have to be released on an annual basis, imposing significant administrative burdens on some and increasing the likelihood and need for ‘mid-project liens’ for others. Payers will no longer be able to back-charge against holdback once it becomes payable, imposing very significant impacts for construction industry participants in an extremely important change which goes against the previously stated intentions of the Act. Also, prompt payment changes will alter both the obligations of payers and the entitlements of payees, in ways that need to be understood if payment issues are to be managed properly. Finally, access to adjudication is being expanded in ways that will give parties more dispute resolution options, but also make adjudication more lengthy and costly in some cases. In this seminar, lawyers from Kennaley Construction Law will introduce these and other changes, providing practical guidance on how the changes can be managed to meet your obligations under, and take advantage of, the evolving legislation.

Presented by: Rachel Prestayko, Associate Lawyer, Kennaley Construction Law

Rachel Prestayko is an Associate Lawyer at Kennaley Construction Law practicing exclusively in the area of construction law. Rachel works with a variety of clients, ranging from owners, contractors, subcontractors and all manner of design professionals and consultants, including architects and engineers. Rachel has represented corporations and individuals in all types of construction disputes, and, in addition to traditional lien and litigation claims, is experienced with adjudications under the Construction Act and alternative dispute resolution mechanisms including negotiation, arbitration, and mediation. Rachel previously worked at leading multinational and regional law firms, focusing on commercial litigation. Prior to law, Rachel worked as a Research Associate in the tech sphere, is a published co-author in the journal Nanotechnology a co-inventor on five registered patents. She earned her law degree from the University of Ottawa and B.Sc. in Honours Chemistry from McMaster. Rachel is a member of a number of construction and law associations, is an avid curler and enjoys the latest issue of the Walrus when not spending time with friends and family.

Seminar 2: Understanding RAAC Panels – from a Structural Engineer's Perspective:



The seminar will introduce RAAC panels, how to identify them, their benefits as well as life cycle. The seminar will highlight the need for thorough evaluation of RAAC panels in existing structures, addressing issues and possible outcomes. This seminar will explore different options available for RAAC Panels if they are uncovered.

Presented by: Michael Hensen P.Eng. RRC and Marc Winters P.Eng., Rimkus Consulting Group



Michael Hensen P.Eng. RRC is a graduate of Concordia University (B.Eng. 1987), a professional engineer registered in Ontario, and a Registered Roof Consultant (IIBEC). As Vice President Technical Services, his technical duties for Rimkus include engineering and consulting leader of the building enclosure, roof, and waterproofing consulting practices. He has provided engineering services that include new construction building envelope design, engineering design of single and multi-component remediation/modernization projects, project management and contract administration, forensic investigation, and failure determination of building envelope deficiencies, as well as building envelope-related technical support for construction litigation and insurance claims.

Michael has over 35 years of experience providing services in the commercial, municipal, multi-residential, educational, health care, and municipality sectors. His extensive experience in identifying and resolving building deficiencies and construction failures has allowed him and his team of professionals a long list of successful repair and replacement assignments within predicted schedules and budgets.



Marc Winters P.Eng. is a Graduate of Western University (BE.Sc. 1992), and a professional engineer licensed across Canada. As Director of Structural Engineering, Marc’s technical duties include overseeing the structural engineering discipline and practice of Rimkus nationwide. He provides technical support and mentoring to all engineering and technologists within Rimkus Canada. Marc has over 30 years of design experience in structural engineering, building science, project management, and forensic investigations. He has been involved in the design and management of industrial, commercial, institutional, and recreational projects across Canada, the United States, and the Caribbean.