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Jay Nathwani

Partner

jnathwani@margiestrub.com

D. (289) 815-5013

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Jay is a versatile construction lawyer who provides both litigation and contract negotiation services. He brings clients valuable in-house experience gained on two of Canada’s largest transit infrastructure projects

Certified by the Law Society of Ontario as a Specialist in Construction Law, Jay has acted as external legal counsel in court and arbitration proceedings on large and complex construction disputes in both public infrastructure and private development, involving claims in excess of $1 billion. Jay has acted in respect of arbitrations involving numerous rules and administrative bodies.

Leveraging his litigation and in-house experience, Jay drafts and negotiates a wide variety of contracts for projects ranging from a home renovation to large design-build or infrastructure projects.

Jay gained his experience in construction litigation at leading national and boutique firms, acting on a wide variety of projects, including subways, hydroelectric dams, hospitals, hotels, condominiums and office towers.

Prior to joining Margie Strub Construction Law, Jay led the in-house legal department for the design-build consortium executing the Finch West LRT, an 11km light rail project in Toronto. Jay was also a member of the in-house legal team at one of Canada’s largest civil infrastructure companies and acted as in-house counsel on the Eglinton Crosstown LRT, a 19 km (10km underground) light rail project through the centre of Toronto.

Experience

Representative Work

  • Light rail line: Acting for a civil joint venture in respect of course-of-project and upstream claimsadvice, and in respect of numerous subcontractor claims.

  • Subway line: Preparation of subcontract forms for civil joint venture on a major urban subway project.

  • Hydroelectric dam: For a general contractor against an owner in respect of various claims totalling approximately $800 million on a major public infrastructure project.

  • Forensic facility: On a P3 project, acting for a builder in a $20 million claim in respect of errors and omissions.

  • Subway extension: For a general contractor in an arbitration of a $10 million claim and $60 million counterclaim related to delays and deficiencies on a complex public project.

  • Police station: For a general contractor in a $12 million delay claim against a public-sector owner, and in defence of claims from subcontractors.

  • Hotel development: For a general contractor in a $50 million lien action against the owner related to delay and wrongful contractual termination.

  • Commercial office tower: For a general contractor in defence of a $20 million delay claim from a subcontractor.

  • Tunnel excavation: For a general contractor and surety in defence of breach of contract and bonding claims from a subcontractor.

  • Canal lock refacing: For a general contractor against a public-sector owner.

  • Wastewater treatment plant and outfall tunnel: For a general contractor in defence of a tendering claim from a subcontractor.

  • Mixed-use condominium development: For an architect in a lien action against the owners.

  • Wastewater treatment plant: For a general contractor in a tendering claim against a public owner.

  • Hospital expansion: For a public-sector owner against a general contractor, architect and consultants in an action for deficiencies in design and construction.

  • Commercial office tower: For a construction manager in the review and negotiation of prime contract with owner, and in drafting subcontract terms to ensure down-drop of key risks.

  • Mixed-used condominium: For a construction manager in reviewing and drafting language for tender contracts with trades in order to mitigate risk of tendering claims.

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Awards and Recognition

  • Best Lawyers in Canada, Construction Law, 2025

  • Thomson Reuters, Stand-Out Lawyer, 2025

Professional Contributions

  • Ontario Bar Association, Construction & Infrastructure Section Executive, 2024-2025

  • University of Toronto, Faculty of Law, Guest Lecturer, 2018

  • Osgoode Hall Law School, Guest Faculty, 2016, 2018, 2021

  • The Advocates’ Society, Vice-Chair, Construction Law Practice Group, 2014-2016

  • George Brown College, Guest Lecturer, 2014, 2019

Speaking and Publications

Speaking Engagements

  • Panelist, Transit Project Progress and Lessons Learned: Status Report on Major Transit Projects in Ontario and Quebec, Canadian Institute 11th Annual Urban Transit Infrastructure Symposium, Eastern Canada, May 29, 2025

  • Panelist, Rules Reform and Impact on Construction Litigation, Ontario Bar Association, May 22, 2025

  • Panelist, Need-to-know Changes to the Construction Act, Ontario Bar Association, March 3, 2025

  • Panelist, Navigating Construction Risk in Projects and Contracts, Canadian Institute 17th National Conference on Navigating Risk in Construction Contracts & Projects, February 27, 2025

  • Program Chair, Nailing Down the Key Issues for Getting Projects Built in Ontario, Ontario Bar Association, November 27, 2024

  • Panelist, Practice and Legislative Update, Ontario Bar Association, November 30, 2022

  • Panelist, Dispute Resolution for Construction Projects: Assessing Improvements to the Process and Determining Which Method is Right for You, The Canadian Institute 13th Annual National Symposium on Managing Risk in Construction Contracts & Projects, February 26, 2021

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Education and Admissions

Education

  • Bachelor of Laws, 2009
    Dalhousie Law School

  • Master of Arts, Political Studies, 2006
    Queen’s University

  • Bachelor of Arts, Political Science (Hon.), 2004
    University of King’s College/Dalhousie University

Bar Admission and Certifications

  • Called to the Ontario Bar, 2010

  • Certified by the Law Society of Ontario as a Specialist in Construction Law, 2020