Picture
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Name and Title
Jessica Vickerman
Partner
Associate
Year of Call

2009 (Ontario)

Memberships
  • Canadian Bar Association

  • Ontario Bar Association

  • The Advocates’ Society.

Publications
Description

Jessica VickermanConstruction lien litigation could be dramatically reduced once new legislation fully kicks into gear, Toronto litigator Jessica Vickerman tells AdvocateDaily.com.

Bill 142, the Construction Lien Amendment Act, which is designed to bring a “prompt payment” regime to Ontario, has been implemented in stages since its passage at Queen’s Park last year. The amendments, which represent the first major revision to Ontario construction lien law since 1983, will be fully phased in by October 2019, says Vickerman, an associate with the Toronto office of Shibley Righton LLP.

She says Ontario’s Superior Court currently has a specialized system in some jurisdictions for handling construction lien disputes, with a number of masters devoted entirely to hearing them.

However, Vickerman says the amendments will bring Ontario in line with other prompt-payment jurisdictions around the world with the creation of a new mandatory interim adjudication system for construction disputes.

This is an excerpt from an article that appeared on AdvocateDaily.com.

Please click here to read the rest of the story.

Date_Published
2018-10-30
Description

Jessica VickermanVANCOUVER — A professional association of engineers in British Columbia is alleging negligence or unprofessional conduct against three engineers after the 2014 collapse of a tailings dam at the Mount Polley mine.

Engineers and Geoscientists British Columbia says disciplinary hearings against Laura Fidel, Stephen Rice and Todd Martin will take place next year.

The association's investigation committee alleges that three individuals involved in the design, construction and monitoring of the tailings storage facility demonstrated negligence and or unprofessional conduct in the course of their professional activities.

The allegations have not been heard by a disciplinary panel and are unproven.

The disaster at the gold and copper mine was one of the largest in the province's history and sent 24 million cubic metres of mine waste and sludge into nearby waterways.

In an interview with AdvocateDaily.com, Toronto litigator Jessica Vickerman says the case illustrates why professionals shouldn't take on responsibilities beyond their qualifications. 

his is an excerpt from an article that appeared on AdvocateDaily.com.

Please click here to read the rest of the story.

Date_Published
2018-09-28
Description

Jessica VickermanA new mandatory adjudication system for construction disputes in Ontario should improve the efficiency of the construction industry, Toronto litigator Jessica Vickerman tells AdvocateDaily.com.  

The interim dispute resolution process is a key plank of Bill 142, the Construction Lien Amendment Act, passed by the provincial legislature on Dec. 5 and designed to bring a “prompt payment” regime to Ontario.  

Vickerman, an associate with the Toronto office of Shibley Righton LLP, says the amendments represent the first major revision to Ontario construction lien law since 1983.

“The impetus behind these changes is to keep the money flowing through the industry — from owners to contractors to subcontractors — and to speed up payment times,” she says.

”The mandatory adjudication system supports that aim by creating a way to quickly and inexpensively resolve disputes over money.”

The procedure kicks in when one party raises a contractual issue related to the value of services or materials, payment, and set-off and release of holdback, among others.

This is an excerpt from an article that appeared on AdvocateDaily.com.

Please click here to read the rest of the story
.

Date_Published
2018-04-13
Description

Recent changes to Ontario’s construction laws — including a new interim adjudication process to resolve payment disputes and the implementation of prompt payment rules that ensure construction businesses and workers will get paid on time — will ensure projects move ahead with minimal delay, Toronto litigator Jessica Vickerman tells The Lawyer’s Daily.

“[The interim adjudication] will allow parties to resolve complaints while the project is ongoing so as to avoid stoppages of work where a party withdraws its services and to avoid delays to the project generally while a dispute is gathering steam,” says Vickerman, an associate with the Toronto office of Shibley Righton LLP.

“The idea is going to head it off and at least keep the project moving and you can revisit the dispute later on, but not to get to the point where a project grinds to a halt.”

As the article explains, the Construction Lien Amendment Act was passed by the Ontario legislature Dec. 5, updating the original legislation from 1983.

This is an excerpt from an article that appeard on AdvocateDaily.com

Please click here to read the complete story.

Date_Published
2017-12-18
Description

Ontario's current home warranty corporation is going to be split into two separate bodies, dividing its duties in part to remove the perception of having a conflict of interest, says Toronto litigator Jessica Vickerman.

Tarion currently performs the functions of regulating homebuilders and enforcing its warranty program, but in the near future, it will focus solely on the warranty duties, she tells AdvocateDaily.com. Another agency still to be formed will take on the duties of regulating the sector.

Tarion was created in 1976 to oversee the new home industry, enforcing builder regulations and providing a seven-year warranty. It would also act as an adjudicator between builders and homebuyers, says Vickerman, an associate with the Toronto office of Shibley Righton LLP.

"The government has proposed legislation that would create a separate administrative authority to regulate builders and vendors while Tarion continues to administer warranty claims," she says.

The intention for the restructure was to avoid the perception of conflicts as Tarion — a private not-for-profit corporation empowered to administer and enforce the Ontario New Home Warranties Plan Act  — hosted numerous roles and functions.

This is an excerpt from an article that appeared on AdvocateDaily.com.

Please click here to read the complete story

Date_Published
2017-11-09
Description

A recent decision from the United Kingdom is a cautionary tale for professionals everywhere to exercise caution in doling out free advice, says Toronto litigator Jessica Vickerman.

Those on the receiving end of gratis counsel could also end up being disappointed, and potentially losing a friend in the process, Vickerman, an associate with the Toronto office of Shibley Righton LLP, tells AdvocateDaily.com.

She cites a 2017 Court of Appeal decision where an architect gratuitously offered her services to friends, a London couple seeking to landscape their home. But they weren't pleased with the outcome and sued for more than $400,000 Cdn in damages. The court agreed that they relied on the architect to perform that work competently.

"The important thing to remember in situations like this is the decision will turn on the facts of the case," Vickerman says. This case was particularly notable because the court touched on a variety of factors, including the complexity of the project and the length of time over which services were provided, which in its opinion made it reasonable to impose a duty."

This is a excerpt from an article that appeared on Advocatedaily.com.  Please click here to read the complete story.

Date_Published
2017-09-01
Description

If she were independently wealthy, Toronto litigator Jessica Vickerman would likely be a lifelong student, following her wide-ranging curiosity from subject to subject.

Without a fortune to bankroll unlimited studies, she’s got the next best thing, a career she loves — in professional liability and construction law — where she is constantly learning.

“Every case that comes across my desk is interesting, they all have some factor that makes them stand out,” Vickerman, an associate with the Toronto office of Shibley Righton LLP, tells AdvocateDaily.com. “Every file is different. Although they’re all within the litigation framework, they all have a diverse set of facts.”

She has been with Shibley Righton her entire career, joining the firm’s Toronto office in 2009 after articling there. When she started, she focused on insurance defence. When that group folded a couple years later, she moved over to the firm’s professional negligence department, which was growing.

This is an excerpt from an article that appeared on advocatedaily.com.  Please click here to read the complete story.

Date_Published
2017-07-18
Publication
Description

Jessica Vickerman's article "Deconstruction new home warranties" appeard in the December 20th edition of The Lawyers Weekly

Date_Published
2014-01-10
Experience
More About
BIO

Jessica Vickerman has a general litigation practice with a particular focus on professional liability, construction law and plaintiff personal injury. She has represented clients before various courts and tribunals across Ontario, including the Superior Court of Justice – General Division, Commercial List and Small Claims Court, as well as the Landlord and Tenant Board.

Jessica graduated with Distinction from Wilfrid Laurier University with a Bachelor of Arts (Honours) in Political Science and Communication Studies.  She obtained her Bachelor of Laws from the University of Western Ontario, where she was a recipient of the Dean of Law scholarship for excellence in her pre-law studies and actively involved in student life as an executive member of Pro Bono Students Canada and a Student Legal Society committee member.

Jessica articled with Shibley Righton LLP and joined the firm’s Toronto office as an associate in 2009. She is a member of the Canadian Bar Association, Ontario Bar Association, and The Advocates’ Society.

 

Contact Information

T: 416.214.5258
F: 416.214.5458
jessica.vickerman@shibleyrighton.com

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Education

University of Western Ontario, LL.B., 2008
Wilfrid Laurier University, B.A. (Hons), 2005

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