Robert Harason is a partner at Beard Winter LLP and has practised commercial litigation with a focus on construction law since 1980. He has extensive experience appearing before both trial and appellate courts and acts for a wide range of clients in a variety of different industries. Robert is also an Ontario Dispute Adjudication for Construction Contracts (ODACC) adjudicator, an ADR Institute of Canada Qualified Arbitrator and a Fellow of the Chartered Institute of Arbitrators.
Robert Harason is a partner at Beard Winter LLP and has practised commercial litigation with a focus on construction law since 1980. He has extensive experience appearing before both trial and appellate courts and acts for a wide range of clients in a variety of different industries. Robert is also an Ontario Dispute Adjudication for Construction Contracts (ODACC) adjudicator, an ADR Institute of Canada Qualified Arbitrator and a Fellow of the Chartered Institute of Arbitrators.
Robert Harason is a partner at Beard Winter LLP and has practised commercial litigation with a focus on construction law since 1980. He has extensive experience appearing before both trial and appellate courts and acts for a wide range of clients in a variety of different industries. Robert is also an Ontario Dispute Adjudication for Construction Contracts (ODACC) adjudicator, an ADR Institute of Canada Qualified Arbitrator and a Fellow of the Chartered Institute of Arbitrators.
Robert has published a number of articles and spoken on a wide range of subjects, relating to construction law, commercial law, bankruptcy and insolvency law and environmental law. He has been an instructor in Debtor and Creditor law and has lectured on Construction Lien law, at the Ontario Bar Admission Course.
Robert is a married father of three. He sings tenor with Masterworks of Oakville Chorus and Orchestra, is an avid runner, cyclist and physical fitness enthusiast and is an adventurous world traveller who always endeavours, through self-study, to acquire a basic working knowledge of the language spoken at his destination.
Professional Associations
Charitable and Community Involvement
In University Plumbing v. Solstice Two Limited, 2019 ONSC 2242, commercial and construction litigation partner Robert Harason was successful in obtaining, on behalf of University Plumbing & Heating Ltd. (“University”), summary judgment against the defendants (i) Solstice Two Limited (“Solstice”), the owner of the residential condominium on which University performed its work, (ii) Davies Smith Developments Ltd., the corporate parent of Solstice who was paid substantial management and other fees approved by the cost consultant retained by the construction lender, and (iii) their officers and directors, Graham Chalmers and Ian Smith, each of whom was found to have breached the trust fund provisions of the Construction Act.
While acting as counsel for a financial institution, he successfully moved for the summary dismissal of the claims of over 200 investors who had borrowed funds to purchase a real estate based tax shelter investment, and acted on the unsuccessful investors’ appeal to the Court of Appeal and application for leave to appeal to the Supreme Court of Canada, which resulted in the successful resolution of the claim within one year of its commencement.
Counsel for a financial institution in a dispute with the first land mortgagee for priority over the proceeds of disposition of a nursing home license, which dispute was successfully determined in favour of the financial institution on a motion for summary judgment.
Counsel for creditors, debtors, trustees in bankruptcy, receivers and committees of inspectors in bankruptcies, proposals, receiverships and restructurings under the Companies Creditor’s Arrangements Act, including on the realization of collateral and the resolution of competing claims.
Counsel for a mortgagee who successfully obtained an interim injunction restraining the mortgagor landlord from interfering with the collection of rents under an assignment of rents.
Counsel for the owner-mortgagee who appointed a receiver under a mortgage of a long-term ground lease of an office building, which enabled the owner to take the benefit of the rental stream from the sub-tenants, while avoiding becoming a mortgagee in possession, and entitling the owner to terminate the ground lease (including the sub-leases) in order to obtain possession and convert the building to a condominium.
Counsel for commercial, retail and industrial landlords exercising leasehold remedies including distress, forfeiture, receivership and claims on the covenant.
Counsel for mortgagees with claims for payment, possession, sale (including power of sale), or foreclosure, including specialized claims such as for payment of the mortgagor’s property tax refund.
Counsel for creditors in the realization of environmentally contaminated property.
Counsel for the taxpayer on a motion to challenge a claim brought by the Crown for informant’s privilege.
Counsel for the taxpayer challenging a net worth assessment through the various stages including informal review, objections and appeal before the Tax Court of Canada.
Counsel for the taxpayer before the Tax Court of Canada dealing with the deductibility of interest payable to non-residents under the thin capitalization rules and the liability for withholding tax on interest payable to a non-resident.
Counsel for franchisors on claims to enforce remedies under franchise agreements and in defence of claims brought by franchisees for wrongful termination and breach of the exclusivity and other provisions of franchise agreements.
Counsel for the holder of a trademark seeking damages and an injunction in the Federal Court to restrain the infringement of the trademark.
Counsel for claimants with claims in fraud, breach of trust, breach of fiduciary duty and to set aside fraudulent conveyances.
Counsel for defrauded employers on claims for restitution from the fraudulent party in criminal court, and on claims for conversion against third parties.
Counsel for employees with claims against defaulting employers for wages and vacation pay under the Ontario Business Corporations Act.
Counsel for unpaid creditors against the debtor and its directors under the oppression remedy in the Ontario Business Corporations Act.
Counsel for owners, developers, contractors, franchisors, financial institutions and landlords in negotiations and on mediations.
Counsel for a large group of lien claimants in the negotiation, preparation and implementation of a trust agreement to create a fund for payment and grant an option to purchase the building to enhance the lien claimants’ recovery, in return for an agreement to complete the building for the original subcontract prices.
Counsel for owners and condominium corporations on claims for the rectification of construction deficiencies against contractors, design professionals and municipalities.
Counsel for owners and financial institutions against whom claims for lien, claims for breach of trust, claims for priority and claims for payment and damages were made.
Counsel for contractors with claims for payment and damages for delay against owners, developers, Crown agencies and municipalities.
Counsel for contractors with claims for lien, trust claims and claims that financial institutions and landlords are “owners” under the Construction Lien Act.
Counsel for contractors whose construction contracts contained unfavourable provisions.