Overview
Rick Del Vecchio practices construction and commercial litigation, with specialized experience in construction-related claims, real estate litigation, partnership litigation, shareholder disputes, and general debt-recovery and contractual disputes.
Rick advises and represents participants in the construction industry with respect to construction liens, surety bond claims, claims for breach of contract and breach of trust, negligence, and delay, including in the context of traditional litigation, settlement negotiations, mediations and arbitrations.
Rick provides legal services in the areas of:
Construction Litigation: preservation and perfection of construction liens, legal advice and representation with respect to all aspects of construction-related litigation, such as motions, settlement negotiations, and mediations in respect of construction lien claims, surety bond claims, claims for breach of contract or breach of trust, negligence, and delay claims.
Shareholder disputes: experience in dispute resolution between shareholders and corporations, including claims under the oppression section of the Ontario Business Corporations Act.
Rick has been involved in proceedings (including trials, references, motions and applications) at various levels of court, including the Ontario Superior Court of Justice, the Court of Appeal for Ontario, and the Supreme Court of Canada. He has also appeared as counsel before various tribunals, including the Landlord and Tenant Board.
Rick has developed expertise in electronic discovery, including planning and implementing electronic evidence strategies, and leading and coordinating teams for large scale documentary review and production.
Rick is currently the Specialty Lead for Miller Thomson’s Construction Litigation practice group.
Rick was named in Benchmark Litigation’s 40 & Under Hot List and Future Star Category for 2020.
Rick is also very involved in student and lawyer recruitment and mentorship at the firm.
Rick earned a Bachelor of Laws from the University of Windsor and a Bachelor of Arts from York University. He was called to the Ontario Bar in 2008.
Rick taught the Civil Trial Procedures and Advocacy course to first-year students in the paralegal program at Sheridan College Institute.
Rick is a member of the Ontario Bar Association, The Advocates’ Society, the Canadian Italian Advocates Association, and the Italian Chamber of Commerce of Ontario.
Prior to joining Miller Thomson, Rick practiced commercial and construction litigation at a number of boutique and full-service law firms in Ontario.
Professional achievements & leadership
- Benchmark Canada, 40 & Under Hot List, 2020
- Benchmark Canada, Future Star: Dispute Resolution, 2020
- Certificate, The Intensive Trial Advocacy Workshop, Professional Development Program, 2015
Notable matters
- Dominus Construction Corporation v. H&W Development Corp., 2020 ONSC 8134
- Counsel to the project owner in a $50+ million construction lien reference, consisting of over 40 trades and involving fraud allegations and matters and motions with respect to court-supervised distribution of holdback ($27+ million), posting of reasonable reduced security, sealing orders, and various discovery-related relief
- Counsel to the construction manager in a $7.5+ million construction lien proceeding, involving matters and summary judgment motions with respect to a lienability challenge and contractual interpretation
- Fairbanx Corp. v. Royal Bank of Canada, 2010 ONCA 385, 262 O.A.C. 251, 16 P.P.S.A.C. (3d) 96, 68 C.B.R. (5th) 102, 189 A.C.W.S. (3d) 849, 319 D.L.R. (4th) 618, 2010 CarswellOnt 3562 (indicates if an error is misleading in respect to financial obligations and creditors)
Thought leadership
Publications
- Co-Chair/Author, Miller Thomson LLP’s (monthly) Ontario Construction Law Newsletter: Breaking Ground, January 2019 – present
- Co-author, “Landlords and tenants: Navigating leasehold interests, liens and the Construction Act“, Breaking Ground: MT Construction Law Ontario Edition communiqué, June 23, 2020
- Co-author, “COVID-19 and Construction Contracts“, Breaking Ground: MT Construction Law Ontario Edition communiqué, March 30, 2020
- Co-author, “The Construction Act: Prompt Payment and the Concept of Proper Invoice – Getting Organized“, Breaking Ground: MT Construction Law Ontario Edition communiqué, April 2, 2019
- Co-author, “The Construction Act: Construction Lien Actions in the Small Claims Court“, Breaking Ground: MT Construction Law Ontario Edition communiqué, April 2, 2019
- Co-author, “The New Construction Act: Five Things You Need to Know by July 1, 2018“, Breaking Ground: MT Construction Law Ontario Edition communiqué, May 14, 2018
- Author, “Communicating with Experts,” MT Litigation Blog, June 19, 2014
Presentations
- Moderator, “COVID-19 and Construction in Ontario: Updates and Considerations”, Miller Thomson Construction Law Group Webinar, April 23, 2020
- Panelist, “How Does Ontario’s Construction Act Affect Me? Navigating Allowances and Liens in the New World”, ICSC Law Conference, April 21 – 22, 2020 (postponed due to Covid-19)
- Speaker, “Construction Act: Phase II October 1, 2019 Changes (Part 1 – Prompt Payment)”, Miller Thomson Winter/Spring 2019 V-Series: Roundtable Seminar, April 25, 2019
- Presenter, “Breaking Ground: The New Construction Act – What You Need to Know About the New Act and How it Will Impact Your Project”, Miller Thomson seminar, February 28, 2018
Community involvement
- Cyclist/Rider, Princess Margaret Ride to Conquer Cancer, 2018
- Volunteer Lawyer, Ryerson Pro Bono Legal Clinic, Ryerson University
- Member, Italian Chamber of Commerce of Ontario’s (ICCO) Golf Tournament Committee
- Teacher, Civil Trial Procedures and Advocacy course, paralegal program, Sheridan College Institute
- Volunteer trial judge, Mock Trial Assignment, paralegal program, Sheridan College Institute
Professional memberships
- Italian Chamber of Commerce of Ontario (ICCO)
- Board Member, Vaughan YMCA Youth Executive Cabinet/Capital Campaign Committee, August 2019 – present
- Ontario Bar Association
- The Advocates’ Society
- Canadian Italian Advocates Organization
Bar admissions & education
- Ontario Bar, 2008
- LL.B., University of Windsor, 2007
- B.A. (honours), York University, 2003
