Tom Whitby’s practice is focused on construction litigation, primarily in the area of professional negligence. Based in Miller Thomson’s Toronto office since 1990, he has litigated on behalf of architects and engineers in all types of construction claims including fee disputes, bidding and tendering claims, architectural and engineering design negligence claims, construction deficiency claims, sustainable design claims, P3 claims and delay claims. Additionally, Tom has acted for general contractors in litigation involving construction deficiency allegations. He has also acted on behalf of contractors in advancing and defending construction lien claims. Tom’s practice involves disputes on diverse types of buildings, from houses to bank towers, and claims varying in size from thousands of dollars to tens of millions of dollars throughout Canada and abroad.
He has also acted for insurers on coverage disputes involving the interpretation of primary, excess and reinsurance policies. He has been consulted by various insurers on policy wordings related to construction claims.
Tom has also acted on behalf of architects in professional discipline claims.
In addition to his litigation practice, Tom has provided advice to design consultants with respect to contract language, drafted consultant agreements and assisted with the negotiation of consultant contracts. He has provided advice on Public Private Partnership (P3) arrangements for large public institutions and has drafted the insurance, indemnity and liability provisions in the P3 agreements. He has also drafted the construction contracts called for in the P3 agreements.
Tom’s practice has taken him before all levels of courts in Ontario and before the Supreme Court of British Columbia. He has also appeared before the Commercial List of the Ontario Superior Court on various commercial litigation matters