Jonathan Martin is the editor of the Miller Thomson western Canada construction law newsletter “Breaking Ground” and has a broad civil and commercial litigation practice. He has appeared before administrative tribunals, at all levels of court in Saskatchewan, at the Ontario Superior Court of Justice, as well as at the Supreme Court of Canada. He has a particular interest in construction, insurance and administrative litigation and has experience in appellate level work both while acting for parties and for interveners.
A bilingual Canadian, Jonathan advises clients in French and in English and also advises institutional clients in asserting French-language Charter rights. He has also been involved in appellate level Charter litigation involving freedom of expression and religious liberty.
Jonathan attended law school at the University of Sherbrooke, in the Province of Quebec, where he obtained an LL.B. in Civil Law and a J.D. in Common law and transnational law, graduating at the top of his class. Prior to joining Miller Thomson he articled in a well-known class action litigation firm, and also spent some time working in small family law firm, where he gained significant court and trial advocacy experience.
- Highwood Congregation of Jehovah’s Witnesses (Judicial Committee) v Wall, 2018 SCC 26
- Law Society of British Columbia v Trinity Western University, 2018 SCC 32
- Trinity Western University v Law Society of Upper Canada, 2018 SCC 33
- Van Ginkel v Aon Reed Stenhouse Inc., 2018 SKQB 223
- Saskatchewan Medical Association v Anstead, 2016 SKCA 143
- JDRF – Juvenile Diabetes Research Foundation
- City Kidz
- South Regina Community Soccer
- Regina Chamber of Commerce
- Saskatchewan Chamber of Commerce
Bar admissions & education
- Saskatchewan Bar, 2015
- J.D. University of Sherbrooke, 2013
- LL.B. University of Sherbrooke, 2013
- B.A. (theology, summa cum laude) Andrews University, Michigan, 2006
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Roger Lepage, Romain Baudemont and Jonathan Martin speak at Saskatchewan CBA Mid-winter Meeting
Roger Lepage, Romain Baudemont and Jonathan Martin will present “L’obligation alimentaire des beaux-parents” at the CBA Mid-winter meeting at the Delta Hotel in Regina, SK.
Miller Thomson 2018 Regina Construction Law Conference
Please join us on Thursday, April 12, 2018, for a daylong conference intended for all construction and real estate sector stakeholders and keep apprised of the most recent developments in your industry. Our speakers will discuss related industry topics which...
British Columbia Court of Appeal Provides Guidance on How the Holdback Obligation Applies to Direct Payment Arrangements
Introduction Holdback obligations are an integral part of every Builders Lien Act in Western Canada. The holdback is the statutorily mandated percentage of any payment made pursuant to a contract, or of the value of a contract, which the payor...
Jonathan Martin has article published in The Saskatchewan Advocate
The Saskatchewan Advocate, "Warning to Litigate When the Agreement says to Arbitrate: what are your options?"
When Does The Saskatchewan Builders’ Lien Act Apply in the Context of a Government Street or Highway Construction Project?
In PCL Construction Management Inc. v. Saskatoon, 2018 SKQB 119, Justice Currie confirmed that liens can be registered on government highway construction projects that (1) are not governed by The Highways and Transportation Act (the “HTA”) and (2) include a...
Jonathan Martin co-authors an article on the Trinity Western University decision
The Lawyer’s Daily, “The TWU decision: Five big questions”
The Courts Erect a Wall
I. Introduction In a decision released on May 31, 2018, the Supreme Court of Canada (“Court”) addressed the question of how high the wall between church and court should extend. Like the wall between church and state, the answer was...
The Importance of the Standard of Review in Judicial Appeals of Arbitration Awards
In 2017, the Supreme Court of Canada issued two separate decisions regarding appeals of arbitration awards: Attorney General of Quebec v. Ronald Guérin,  2 SCR 3 (“Guérin”) and Teal Cedar v. British Columbia,  1 SCR 688 (“Teal Cedar”)....
Two recent appellate decisions discuss discretion and privilege clauses in a competitive bidding process
The courts of appeal of British Columbia and Alberta have recently released decisions dealing with the effect of discretion and privilege clauses often used by owners in calls for competitive bids. Though privilege clauses and discretion clauses are different, they...
Looking Out for your Neighbours – Supreme Court of Canada requires Notice to Subcontractors about Labour and Material Bonds
Introduction In its recent decision in Valard Construction Ltd. v Bird Construction Co., the Supreme Court of Canada imposed an obligation on project owners and general contractors, who are designated as trustees under labour and material (“L&M”) bonds, to provide...
The Time Limit for Making Claims
The Alberta Limitations Act sets time limits within which a party may commence an action. After a limitation period has expired, potential defendants need no longer be concerned about stale claims haunting them because the claim will be time-barred. Subject...
Encore on Enforceability of Defective Liens
Our November 2017 article entitled “MT November 2017 Case Summaries” highlighted Norson Construction Ltd. v Clear Skies Heating & Air Conditioning, 2017 ABQB 544 which upheld the decision of Master Prowse upholding a lien registered against the correct land but...
Court of Queen’s Bench for Saskatchewan dismisses Strom v. The Saskatchewan Registered Nurses’ Association (2017) appeal
Counsel to the Saskatchewan Registered Nurses’ Association
Supreme Court rules that membership decisions of religious organizations are not subject to judicial review
Counsel to the Seventh-day Adventist Church in Canada and the Church of Jesus Christ of Latter-day Saints in Canada