Vogel reflects on key cases that launched her construction law career
Canadian Lawyer recently spoke* with Sharon Vogel, a partner at Singleton Urquhart Reynolds Vogel, about her practice, launching her boutique construction firm and its mentorship efforts.
Vogel is a judge at this year's Lexpert Rising Stars Awards, which honour leading lawyers under 40 from law firms, in-house departments, and other practices. Nominations will open on May 23, and winners will be announced on November 23.
Tell me about your practice.
I practise construction and infrastructure law. And I'm lucky to work on some fascinating projects in the infrastructure space, specifically mining, transit, power plants, and others. I love the work.
You left a large firm – BLG – to launch your boutique five years ago. Tell me about that decision.
In early 2018, Bruce Reynolds and I made the tough decision to leave Borden Ladner Gervais. I had been there for over two decades; it’s a wonderful place.
We left to build a construction and infrastructure-based practice in Toronto, and we joined a Vancouver firm that had a strong presence in the construction and infrastructure space in BC.
We aimed to be the country's best construction and infrastructure firm and to have a presence on the world stage as well. And we've just had our fifth anniversary in January. So, it's been a success.
Tell me about the significance of the Guarantee Co. of North America v. Gordon Capital Corp case.
It was earlier in my career, but it was a formative experience being involved in that case, working with my mentor, Ken Scott, who was a titan in the construction space and taught me a lot. He was an excellent advocate. He ensured that he brought me along, including to the Supreme Court of Canada.
It's cited in many cases because it was on a summary judgment motion, and it dealt with many interesting issues like rescission. As a learning experience, just watching folks like Ken Scott and Tom Heintzman at McCarthys, who was on the other side, battle it out at all levels of court was fascinating.
I was lucky enough to work on another long and complex construction matter, ending at the Supreme Court of Canada, the Canadian National Railway Co. v. Royal and Sun Alliance Insurance Co. of Canada case. It was a builder's risk case, an important formative case in my career because it interested me in construction insurance.
I ended up writing a book with Bruce Reynolds on construction insurance. I wouldn't have predicted when I was in law school that I would end up as a construction lawyer or write a construction insurance textbook. But here I am, with the second edition just about to come out.
Tell me about your work on the management committee at your firm.
The management committee monitors the firm's performance and provides short-term and long-term planning and direction. And it is great to be part of a nimble organization that can respond to changes and shifts in business and help shape the firm's future.
Tell me about your work helping to shape the Construction Act.
The Ontario government retained Bruce Reynolds and me to prepare a report on what was then the Construction Lien Act. We delivered a report called “Striking the Balance: Expert Review of Ontario's Construction Lien Act.” In preparing that report, we undertook an extensive consultation exercise with various stakeholders in the construction industry. That was one of the most fascinating experiences of my career.
In the end, we made 101 recommendations to the government, most of which were accepted. And then, the government introduced the Construction Act.
Some of the most significant changes introduced through the Construction Act were prompt payment and adjudication, which are rolling out now across the country and various provinces.
The federal government then retained us to assist in preparing a report. And they then introduced new legislation also on prompt payment and adjudication.
Most private practice litigators can’t say that they've helped shape litigation.
It was a significant opportunity. And it was something very different from the day-to-day of practising and dealing with individual issues. I had a chance to step back and think about broader policy perspectives which have helped in my practice.
How has litigation changed since the pandemic?
The early days of the pandemic were an intense time of transition. But what was amazing for me was how quickly people adapted. In those early days of Zoom court appearances and other electronic submissions changes, in an antiquated system where people have been working for decades to try and improve the litigation system, then very quickly, those changes were put in place because they had to be.
I do a lot of arbitration work and mediation. Having that human interaction of getting together in person is helpful, but sometimes it's cost prohibitive to get people together in a room. And we've realized through the COVID pandemic that not everything has to be done in person all the time.
What were your firm's most significant recent developments these past 12 months?
We are in growth mode. So, we've had some people join the firm, including Seema Lal, a top construction law expert who's joined our Vancouver office. She's a wonderful addition to the firm, and the next generation of partners is entering.
This year, we've been focused on growth and mentorship; we implemented a new mentorship program for all lawyers and we had 100 percent participation. Mentorship is becoming increasingly important, mainly because of COVID, which made mentorship harder.
The recruitment environment is competitive. How do you articulate the value of your firm?
What makes it a great place to work is that we do excellent work for some of the best clients in the country. And that we foster an inclusive and positive, and diverse environment. And we believe strongly in mentorship and intelligent growth.
What advice would you give young lawyers to succeed?
Do what you enjoy and be open to investigating what areas of the practice of law might interest you. Because you don't always know what will interest you, pursue those areas and find good mentors. And use those mentorship relationships to develop your career and evolve and grow.
What do you anticipate economically in the next 12 months?
There are storm clouds around, and there's much uncertainty. During times of uncertainty, it's important to monitor economic developments carefully.
In construction and infrastructure, when economic times tend to get tough, we tend to get busier because there are more construction disputes. And it's understandable because many parties in the construction pyramid are under pressure.
Regarding the front-end work, because there is an ongoing and continuing effort in this country to invest in infrastructure, we still see lots of this work despite the economic uncertainty. I'm encouraged by that and feel optimistic about it. You're seeing these new projects get off the ground, and we are dealing with some challenges in adequately structuring the agreements and ensuring they're set up for success from the get-go.
*Answers have been edited for length and clarity.
