here - Perks Publications Inc.

president’s message

MCAT Annual General Meeting A Success! By R. KELSON, MCAT President, Geo. A. Kelson Ltd.

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The 43rd MCA Toronto Annual General Meeting (AGM) was a great success with 180 contractors and associate members attending. It is my sincere hope that this event will continue to be a favourite of our members and that it will evolve into a platform for discussing the pressing industry issues that continue to affect us all. MCA Toronto was delighted

to have our industry partners and their spouses attend the AGM. Among those in attendance were Mr. Neil McCormick, Business Manager of the Ontario Pipe Trades Council and his wife Gerri; Mr. Steve Morrison, past chair of the OPTC Bargaining Unit and Business Manager of Local 527, Kitchener, Ont., and his wife Donna; Mr. Jim Hogarth, Business Manager of Local 46, Continued On Page 3

Focus On Safety

MCAA Introduces Model Hexavalent Chromium Compliance Program

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The Mechanical Contractors Association of America’s (MCAA) new Model Hexavalent Chromium Compliance Program was developed by the Safety and Health Committee in response to OSHA’s Hexavalent Chromium Standard, which came into effect, for larger employers, in November. Hexavalent Chromium is a heavy

metal component of stainless steel that can increase the risk of lung cancer in humans if inhaled in significant concentrations. Hexavalent Chromium is sometimes referred to as Chromium (VI) or hex chrome. The major concern in the mechanical construction industry is over exposure to hexavalent chromium from fumes created by welding or torch cutting on stainless steel pipe

and ducts. The Occupational Safety and Health Administration (OSHA) issued a standard in February 2006 to protect workers from over-exposure to hexavalent chromium. Although the standard was issued because of a court order concerning general industry applications, OSHA opted to make the general industry-based Continued On Page 2

News Flash

Plumbing & Mechanical Professionals of Ontario Members Assist Child Find

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A big ‘Thank You’ goes out to the following P&MP members who have joined the Child Find Campaign:

• Thunder Bay Zone 1 – Ken Ramsay • Ottawa Zone 13 – Bob Martel A special mention goes out to The Central Ontario Building Trades and Jay Peterson who has also come on board. The organization looks forward to additional member support to this project. To join the P&MP in the search for missing children, contractors will need to consult with their cliContinued On Page 9

MODEL HEXAVALENT CHROMIUM COMPLIANCE PROGRAM Continued From Page 1

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standard applicable to the construction industry. As a result, MCAA set out to prepare its members to comply with the standard. MCAA’s Safety and Health Committee developed and produced the Model Hexavalent Chromium Compliance Program to help mechanical construction companies comply with the standard, and meet increasing owner/prime contractor demand for written hexavalent chromium compliance programs. Although the MCAA standard doesn’t require employers to establish written hexavalent chromium programs, many owners, construction managers and general contractors are requiring them. Effective dates are as follows: • For employers with 20 or more employees (except engineering control requirements) – November 27, 2006; • For employers with fewer than 20 employees (except engineering control requirements) – May 30, 2007; • Engineering control requirements for all employers – May 31, 2010. As a mechanical industry employer who is affected by the standard, you have two options regarding the determination of worker exposure levels to hexavalent chromium. Compliance requirements are dictated by the exposure levels: • Option 1 – Conduct air monitoring to determine worker exposure levels to hexavalent chromium and implement appropriate protective measures when necessary. • Option 2 – Use any combination of air monitoring, historical data and objective data to determine worker exposure levels to hexavalent chromium, and implement appropriate protective measures when necessary. MCAA’s Model Hexavalent

Chromium Compliance Program includes two model programs, one for each of the options listed above. Also included is a summary of the OSHA standard, information to help you choose the option that’s right for your company, and a handy air monitoring checklist. MCAA is in the process of collecting air monitoring data covering hexavalent chromium exposure in the mechanical construction industry. MCAA believes that the data may allow mechanical construction companies to use a combination of historical and objective data in lieu of costly air monitoring on every project. OSHA’s Hexavalent Chromium Standard allows employers to use a combination of historical and objective data instead of air monitoring provided that the previous air monitoring methods used to establish the data are within an accuracy range of 25 per cent and produce confidence levels of 95 per cent for the concentrations of hexavalent chromium above OSHA’s established Action Level. MCAA believes the data would apply only to buildings or structures that are under construction, but it would likely exclude high purity welding procedures. However, companies with well-ventilated prefabrication shops could establish their own combinations of historical and objective data to potentially forgo regular air monitoring requirements. The Safety and Health Committee will evaluate the collected data to determine whether exposure levels are consistently low enough to justify the use of combination data, and whether it meets the requirements of the standard. If the committee determines that more air Continued On Page 4

MCAT BOARD OF GOVERNORS President R.H. Kelson Geo. A. Kelson Ltd. 1st Vice President D.G. Capotosto Gimco Ltd. 2nd Vice President V. Di Gaetano Royal Mechanical Inc. Treasurer M.J. McGarvey Ram Mechanical Ltd. Director A.L. Prowse H. Griffiths Ltd. Director D. Nayak Sayers & Associates Director L. Carinci Hi-Rise Mechanical Director M. Battaglia Battaglia Mechanical Director S. Munro Adelt Mechanical Ltd. Director B. Grist Black & McDonald Ex-officio Director (GTECA) P. Sheridan Plan Group Ex-officio Director (TSM) A. Defoe Black & McDonald Ex-officio Director (MIAO) J. Fabing Custom Insulation Systems

PIPELINE is a “marketing and information periodical” published for the Mechanical Contractors Association of Toronto by Perks Publications Inc. Publisher: Mike Nosko Editor: Tanja Nowotny Sales: Cathie Fedak Advertising in PIPELINE is restricted to member companies of MCAT.

ppi TOTAL SOLUTIONS PROVIDER Sayers & Associates Limited Mechanical Contractors

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2 MCAT PIPELINE - FALL 2006

PERKS PUBLICATIONS INC. 3 Kennett Drive Whitby, Ont. L1P 1L5 Tel: (905) 430-7267 Toll Free: 1-877-880-4877 Fax: (905) 430-6418 E-mail: [email protected] Web Site: www.perkspub.com

MECHANICAL CONTRACTORS ASSOCIATION OF TORONTO 50 Acadia Ave., Suite 302 Markham, Ont. L3R 0B3 Tel: (416) 491-9004 Fax: (416) 491-9007 E-mail: [email protected] Web Site: www.mcat.on.ca

Continued From Page 1

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Toronto and his wife Joan; and Mr. Larry Cann, Business Manager of Local 463, Oshawa and his wife Susan. The various mechanical contractors’ associations must continue to work co-operatively with our industry partners in order to forge comprehensive strategies for meeting future issues like labour shortages and competitiveness against non-union labour in order to secure a bright future for all involved. The Sheraton on the Falls was MCA Toronto Associate Members who attended the 2006 Annual General Meeting. an excellent venue which provided splendid Ontario fall weather combined with access to many famous attractions. The AGM began with the optional Golf Day held on Fri. Sep. 22, which was organized by the MCAT Associates Committee. The World Pool Course gave 60 golfers a great opportunity to bask in the beautiful scenery of the Niagara region and enjoy the camaraderie of business partners and friends. The opening reception and dinner was held at the Hernder Winery after a unique Double Decker bus ride through the Winery Region. All attending enjoyed a casual evening of music and fun followed by an excellent dinner. On Saturday morning, following the AGM, our Guest speaker, Mr. Henry Heier of MCA of Louisiana gave conference attendees a detailed overview of what transpired from the time Hurricane Katrina ravaged guest speaker from the MCA of Louisiana, Mr. Henry very the New Orleans area. Heier, gave conference attendees a very detailed over-

view of what had transpired from the time Hurricane Katrina ravaged the New Orleans area. As part of his presentation Mr. Heier also displayed a video from three individuals whose lives were severely affected by the disaster. The video offered a sincere thank you from those who received assistance from MCA Toronto, MCA Ontario and MCA Canada in their time of need. On behalf of MCA Toronto I would like to thank Henry for all his hard work and dedication in preparing the presentation and we wish the best to all those still struggling to reclaim their lives in the New Orleans area. The Saturday afternoon barbeque was held in a private section of the Hard Rock Café overlooking the Falls. After lunch the conference attendees were entertained by the Warren Stirtzinger Band with a very special guest appearance by Mr. Steve Coleman of MCA Ontario on guitar, Mr. Glen Kellaway of Crane Supply on banjo and Mr. Adrien Pilon of Emco Corporation on guitar. When the three gentlemen took to the stage the crowd was delighted as the band now grew to seven, and many old and new music hits were sung. Thanks guys for being good sports! On Saturday evening I had the pleasure of rec-

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SA MCA Toronto President, Rod Kelson (left) and CSAO representative Mike Duffy, present the Cateory II Safety Award to Bud McWatters of McWatters Mechanical.

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president’s message

MCA Toronto President, Rod Kelson (left) and CSAO representative Mike Duffy, present the Cateory III Safety Award to Frank Turano and Dan Rodgers of GTA Mechanical.

ognizing the achievements of some of our members with the presentation of the MCA Toronto Safety Awards. The Safety Awards are based on the current year’s manhours reported to MCA Toronto, safety performance in relation to lost time injuries, a Safety Policy and Program procedure checklist, and a job-site inspection performed by the Canadian Safety Association of Ontario (CSAO). I would like to thank Mr. Mike Duffy of CSAO for overseeing and organizing the Safety Award Program. Continued On Page 9

MCAT PIPELINE - FALL 2006 3

health notes

mesothelioma

research program By BRENDA O’SULLIVAN, Research Coordinator, Mesothelioma Research Program, University Health Network

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Following is an update of the progress which has been made over the past six months in the Mesothelioma Research Program at the Princess Margaret Hospital/University Health Network. Three distinct but inter-related projects are encompassed within the program. Progress in each of these will be summarized individually. THE EARLY DETECTION PROGRAM This study was launched in March 2005 and, in the first year, has enrolled over 263 individuals with either a strong history of asbestos exposure at least 20 years previous or chest x-ray evidence of asbestos exposure. Enrolment has been brisk, thanks mainly to the support of the Sarnia Occupational Health Clinic, the Insulation and Asbestos Workers Union, Local 95 of Ontario and the Research Program coordinator. Each person enrolled in the study undergoes a comprehensive interview questionnaire focusing on asbestos exposure history and other possible contributing factors. A small sample of blood is then obtained to be used for future biomarker studies, followed by a low-dose computer tomography (CT) scan of the chest. Results from the first 120 people in the study were presented at the International Mesothelioma Symposium in Cappadocia-Antalya Turkey. Out of 120 CT scans, three required

immediate intervention resulting in the diagnosis of one mesothelioma, one lung cancer and one benign fluid collection. Because of suspicious findings in the airways of two individuals, repeat CT scans will be obtained in three months. Finds on 35 scans were worrisome enough because of changes either in the lung or on the pleura to warrant repeat scans in six months. Ten of those repeat scans have been done and fortunately show no evidence of progression. Eight scans, or two-thirds of the total, had no worrisome features and these people will undergo a repeat scan in one year. The program will continue to enrol subjects at a rapid rate and actively recruit individuals from other high risk occupations. THE TRI-MODALITY TREATMENT TRIAL As a pilot study over the past five years, the Princess Margaret Hospital has treated 39 patients with pleural mesothelioma with potentially curative therapy. This very aggressive treatment regimen includes three cycles of chemotherapy followed by an extensive surgical procedure in which the entire lining of the chest cavity (the pleura) is removed, along with the lung, and portions of the diaphragm and pericardium. Following recovery from the surgery the patient then undergoes radiation to the entire side of the

MODEL HEXAVALENT CHROMIUM COMPLIANCE PROGRAM

Continued From Page 2

monitoring data is needed, it will likely recommend to MCAA that it conduct the monitoring in early 2007. If your company has conducted air monitoring for hexavalent chromium and would be willing to share it with MCAA, contact Pete Chaney at [email protected] or call 1-800-556-3653. To order the Model Hexavalent Chromium Compliance Program, visit MCAA’s online store at www.mcaa.org/store or call Linda Burke at (301) 990-2200. The program cost is $18 (U.S.) for MCAA members and $36 for non-members, plus shipping. Volume discounts are available.

4 MCAT PIPELINE - FALL 2006

chest originally involved with the cancer. Results from these first 39 patients have been accepted for publication in the Journal of Thoracic and Cardiovascular Surgery. They show that 40 per cent of patients responded to chemotherapy, with 15 per cent having major side effects. Of the 38 patients who underwent surgery, the tumour was too extensive to remove in five, but in the 33 who were resected, 31 (94 per cent) had removal of all visible cancer. Three of the 33 died from complications of the surgery and 25 went on to receive radiation therapy. In those patients who had complete resection of their tumour, over 40 per cent were alive after four years of follow-up. BASIC RESEARCH STUDIES A variety of basic research studies are now underway or in the advanced planning stages. A soluble protein in the blood, named mesothelin, has been reported to be elevated in patients with known mesothelioma and look for elevated levels in the blood of patients enrolled in the early detection study. It is hoped that this protein, along with others that have recently been identified, can accentuate the sensitivity of low-dose CT scanning for diagnosing early tumours. Another project takes the tumour tissue from patients with mesothelioma and implants this tissue in the pleural space (chest) and peritoneal space (abdomen) of laboratory mice. These mice have poorly developed immune systems and therefore do not reject the foreign tumour. If the tumour grows in a reproducible fashion, the tumour can be transplanted into more mice and studies can be conducted to evaluate new treatment methods, such as drugs or immunotherapy. The genomic difference between tumour cells and normal mesothelial cells can also be researched. Currently, the program has two mesothelioma tumour lines growing in mice and are planning to add more as tumour tissue becomes available.

focus on safety

New AntiSmoking Law

Fighting the primary cause of avoidable death & disease in Ontario

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The Smoke-Free Ontario Act came into force in May 2006. Smoking inside any enclosed workplace is now illegal.

HOW THE LAW AFFECTS CONSTRUCTION Smoking is banned in all enclosed workplaces. An area is “enclosed” if it is covered by a roof and has more than two walls. This means it’s illegal to smoke in the following areas: • buildings, whether completed or still under construction • jobsite trailers • company vehicles It is not illegal to smoke: • outside • in an outdoor smoking shelter that has no more than two walls and a roof • inside a building that has no more than two walls and a roof or ceiling • in a partially finished structure without a roof • in a vehicle enclosed only by a cage or completely open to the outside air. Fines are up to $5,000 for an individual and $10,000 for a company. The new law is the cornerstone of the provincial government’s Smoke-Free Ontario Strategy. Do You Smoke? Tobacco smoke harms the health of both smoking and non-smoking construction workers. Workers who are exposed to toxins such as asbestos, silica and lead increase their chances of getting disease from these substances by being exposed to smoke. The risk is increased by synergetic biological mechanisms (hazards working together) or by accidental exposure through the mouth or skin when

smoking with contaminated hands. Smoking is the primary cause of avoidable premature death and disease in Ontario.1 Tobacco causes 16,000 deaths in Ontario every year and costs the economy at lease $1.7 billion annually in health care. Tobacco smoke causes lung cancer, heart disease, stroke, chronic bronchitis, emphysema, asthma and impotence, among other diseases and conditions. Web Resources • Smoke-Free Ontario Act

www.e-laws.gov.on.ca/DBLaws/ Statues/English/94t10_e.htm • How the new law affects workplaces www.mhp.gov.on.ca/english/ health/smoke_free/legistlation.asp • Ministry of Health Promotion’s Smoke-Free Ontario web site www.mhp.gov.on.ca/english/ health/smoke_free.asp • Health Canada’s “Go Smokefree” web site www.hc-sc.gov.ca/hl-vs/tobactabac/index_e.html • U.S. Surgeon General’s recent report on secondhand smoke www.surgeongeneral.gov/library/secondhandsmoke/ (1 Ministry of Health Promotional Fact Sheet Health Effects of Smoking). MCAT PIPELINE - FALL 2006 5

special feature

Fair Wage Policies Not a Union / Non-Union Issue By KATHERINE JACOBS, Director of Research, Ontario Construction Secretariat

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The Ontario Construction Secretariat (OCS) recently released a report entitled Impact of Fair Wage Policies on the Construction Industry. This report examined the historical evolution of Fair Wage Policies in Canada and Ontario, and further explored the relationship between fair wage policies and construction costs. The information contained in the report is intended to help dispel some of the misconceptions about fair wages and to provide the necessary information to promote the implementation of modern fair wage policies at the provincial and municipal level. This report was to put to immediate use in assisting the Essex and Kent Building and Construction Trades Council in preparing a deputation to City Council in July of this year. Although Council did not vote in favour of implementing a fair wage policy, they have left the door open by striking a committee to study the issue further. Council was clearly divided on the issue of whether or not a fair wage policy would add to the cost of municipal construction projects and ultimately the vote ended in a tie. Mayor Eddie Francis could have broken the tie by voting in favour of the fair wage motion, but chose not to do so. On a tie vote, a motion is lost.

Sol Furer, Essex and Kent Building and Construction Trades Council, is somewhat optimistic that the issue will be re-visited by Council before the municipal elections in November. As one of the local councillors remarked, “This is not a union, non-union issue. It’s about fairness. It’s about… making sure people have a level playing field.” Making The Case for Fair Wage Policies 1. Fair Wage Policies are a

necessary counter-balance to cutthroat competition in the construction industry. 2. Fair Wage Policies support productivity and innovation in the construction industry. 3. Fair Wage Policies encourage the use of more skilled and better qualified labour, and thereby support industr y and worker investments in skills training and apprenticeship. 4. Contractors that do not invest in apprenticeship and skills development have a cost advantage over contractors that do. (Although governments advocate the expansion of the apprenticeship system and industry investment in skill development, the absence of Fair Wage Policies gives a competitive advantage to employers who do not contribute to the apprenticeship system and who make no direct investment in skills training). 5. Contractors that compete on the basis of cheap labour are notorious for weaker health and safety standards. 6. Contractors that compete on the basis of cheap labour are more likely to cut corners on quality thereby increasing long-run costs. 7. Fair Wage Policies can curtail underground practices and create a level playing field for Continued On Page 7

6 MCAT PIPELINE - FALL 2006

legal notes

Construction Liens and Bankruptcy: How Contractors Can Protect Themselves By JOSEPH COSENTINO, Goodmans LLP

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It is an unfortunate reality in the construction industry that bankruptcies can, and do, occur. An owner, general contractor or subcontractor may become insolvent and be unable to meet its financial obligations. In those circumstances, contractors need to know how you can best protect your rights and minimize potential losses. This article explains some of the rights and remedies available to contractors under insolvency legislation and under the Construction Lien Act of Ontario when you are confronted with the troublesome situation of a bankruptcy of someone in the construction pyramid. DON’T ABANDON YOUR LIEN RIGHTS Lien rights as set out in the Construction Lien Act are strictly interpreted and enforced by the courts. Even in the face of an insolvency, you should be aware that the time periods for preserving and perfecting a claim for lien are not suspended, nor are they extended. A contractor should preserve its lien within 45 days of its last supply to the project. Failing to do so will mean that your lien rights will expire and they cannot be revived. Failing to preserve a lien may also mean losing your right to receive a portion of the holdback funds being held for your benefit. These may be the only funds

available to you in a bankruptcy-type of situation. Typically in a bankruptcy or insolvency proceeding, the court will grant the insolvent company a form of protection by putting in place a “stay of proceedings.” This means that creditors of the bankrupt company are forbidden by court order from commencing or continuing a lawsuit against the insolvent party. Provisions of these orders may also indicate that construction liens are not to be registered. However, the courts have, on more than one occasion, amended their initial orders and lifted the stay on a limited basis. In these cases, they will permit lien rights to be preserved or perfected through the bringing of a motion or by getting the consent of the Trustee in Bankruptcy. However, the courts cannot bring back to life lien rights that have been lost by inaction or by the failure to enforce them. GET THE INFORMATION YOU’RE ENTITLED TO Under Section 39 of the Construction Lien Act, a contractor is entitled to make a request for information and to receive it from the owner, general contractor or mortgagee. This information will set out the state of accounts, indicate the amount of the holdback fund, help to determine if a lien has priority over a building

FAIR WAGE POLICIES Continued From Page 6

competitive bidding. 8. Fair Wage Policies are incorrectly criticized for radically inflating costs. The evidence does not support these claims. 9. Fair Wage Policies are not union preference policies. Fair Wage Policies limit competition only from those non-union contractors that base their competitive advantage on

cheap wages, independent operators and lower safety standards. 10. Fair Wage Policies protect local employment and thereby increase the benefits to the local economy from construction that is financed by local funds. The OCS report is available online at www.iciconstruction.com or in hard copy by calling (416) 620-5210.

mortgage and will identify the existence of any labour and material payment bond. This information can prove very valuable in determining what course of action should be pursued. Knowing that a bond is in place can mean that recovery can be sought against the surety. Contractors are also urged to contact the receiver or Trustee in Bankruptcy. Very often, this will provide you with some information on the insolvency of the debtor company and will get you on the list of people who are entitled to be notified of further proceedings that may affect your rights. CONSIDER BRINGING AN ACTION FOR BREACH OF TRUST Sections 7 and 8 of the Construction Lien Act impose a trust on funds received by owners and contractors for the benefit of those who have supplied labour, services and materials on the project. If an owner or contractor uses the funds in a manner inconsistent with the trust (i.e. they have paid money to themselves and not to contractors, they have made a preferential payment to a creditor unrelated to the project, etc.), they may be guilty of a breach of trust. Section 13 of the Construction Lien Act empowers a claimant to personally sue the offices and directors of the insolvent company and can make them personally liable for the misused funds. The spectre of personal liability is a powerful tool in the contractor’s arsenal and should not be forgotten in situations involving an insolvent payor.

Good for construction. When you turn to Goodmans, you find a law firm that knows the business and the law. From drafting complex design build agreements to litigating multi-party disputes including tendering, breach of contract, negligence and construction lien claims, Goodmans is regularly retained to act on a full range of construction related matters. With exceptional lawyers backed by a dedicated team, you’ll discover what our clients already know – that good people really are good for business. To deal directly with Goodmans Construction Law Group, call Howard Wise at 416.597.4281.

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REQUEST THE APPOINTMENT OF A CONSTRUCTION LIEN TRUSTEE If an owner or general contractor has gone bankrupt, there is a danger that the value of the project could deteriorate if the work stops or is abandoned. Consider, for example, an unfinished subdivision Continued On Page 8

MCAT PIPELINE - FALL 2006 7

CONSTRUCTION LIENS AND BANKRUPTCY Continued From Page 7

project where only a portion of the underground services have been installed and several of those houses remain unfinished. Exposure to the elements, the risk of vandalism and general deterioration of the work are likely if the project comes to a standstill for a prolonged period. Section 68 of the Construction Lien Act allows a lien claimant or person with an interest in the premises to apply to the court and request that a construction lien trustee be appointed to: • Manage, mortgage or sell the property; • Complete the improvement; • Reserve the premises and do other things such as realize on the project assets, administer the trust funds, and distribute the monies on entitled contractors and suppliers. A lien trustee is a court officer who must act in a fair and equitable manner for the benefit of all affected parties. INVESTIGATE POSSIBLE REMEDIES AGAINST THE MORTGAGEE If a mortgage was taken with the intention of financing the construction project, the mortgagee (i.e. the

Section 68 of the Construction Lien Act allows a lien claimant or person with an interest in the premises to apply to the court and request that a construction lien trustee be appointed... A lien trustee is a court officer who must act in a fair and equitable manner for the benefit of all affected parties. lender) may be liable for any deficiency in the holdback. If an owner has failed to maintain the 10 per cent holdback fund, the mortgagee may be responsible to the contractors for any shortfall in the fund. NEGOTIATE WITH THE CANADA REVENUE AGENCY (CRA) Under the Income Tax Act, the CRA asserts a “super priority” over the assets of the debtor company. The CRA’s claim arguably trumps the interest of lien claimants and other secured creditors. CRA even main-

MCA Ontario Reaches Out To Students

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The Mechanical Contractors Association of Ontario (MCAO) has taken a pro-active – and innovative – approach to attract young people into the management side of the mechanical contracting business by establishing student chapters in three cities. What makes it innovative is that the focus is on recruiting for the business management side of the industry, and not just for skilled workers. Steve Colemen, executive vice president of MCAO, said that the industry has traditionally focused its attention on promoting careers in the skilled trades. However, there is a realization that time and effort need to be invested to recruit college and university graduates into the positions of estimators and project managers. “A lot of students don’t really know what they want to do,” said Coleman. “The idea is to kind of get in their face and say, ‘Hey,

8 MCAT PIPELINE - FALL 2006

we’re a huge industry. You can have a fantastic career’.” A student chapter has been established in Ottawa. Hamilton and Toronto are in the development stages and will have a chapter established soon. Brian McCabe, executive vice president of MCA Toronto, said that “Companies are always looking for young graduates to work initially as assistants to the project managers or in the estimating department, or on the administrative side and then move up the ranks. Finding them has always been a problem.” The student chapters were established after recommendations by recently-hired graduates at local contracting firms. Student chapters have been active in the United States for some time, and have been very successful. “Once we get some mileage behind us in Ontario, I can see these chapters being set up in other corners of the country,” Coleman said.

tains its priority over the holdback fund. Notwithstanding this priority, CRA will, in many instances, negotiate a sharing of the holdback monies with the valid lien claimants. This is especially true if it can be demonstrated that hardship would result to the lien claimants if CRA kept all of the money for itself in order to satisfy its claim for unpaid source deductions and GST. TAKE ACTION TO MAXIMIZE RECOVERY A bankruptcy situation is often one where a contractor will not entirely recoup all you are owed. Knowing what remedies are available and initiating actions to preserve and protect your rights will ensure that you are putting yourself in the best position possible to maximize your potential recovery. - Joseph Cosentino is a partner who focuses on litigation with an emphasis on construction law and energy disputes. His construction law practice involves negotiating major contracts, lien litigation and resolving disputes for owners, general contractors, subcontractors, material suppliers and lenders. His practice also involves a broad range of commercial litigation matters, including bankruptcy/insolvency litigation and disputes involving the electricity industry. Cosentino has handled a variety of claims and disputes in connection with municipal utilities. He is a frequent seminar speaker and contributor to a number of industry trade publications. He is also the editor of the firm’s Construction Law Update.

“I am hesitant to send my people to the MCA Educational Classes in case I lose them!” Contractor #1 “I am afraid not to send them to the MCA Educational Classes in case they stay.” Contractor #2

MCAT 2006/2007 Small Contractors Committee The following individuals comprise the 2006/2007 MCAT Small Contractors Committee: Luch Carinci, Chair Hi-Rise Mechanical Inc. (905) 851-5644

Derek Kite Torek Plg. & Mech. Ltd. (905) 677-7139

Greg Tester Nuroc Plg. & Htg. Supplies (416) 746-2171

Joe Rogers Rogers & Associates Ltd. (416) 663-5077

John Gunn John C. Gunn Consulting Inc. (905) 989-2883

Frank Turano GTA Mechanical (416) 621-9991

Dwayne Edwards Modern Niagara Toronto Inc. (416) 360-1617 x 226

Keith Davidge Sayers & Associates Ltd. (905) 821-4500 x 323

Don Gorman Impact Mechanical & Elec. Ltd. (416) 596-8213 x 222

Paul Silverberg Emco Corporation (416) 748-4010

Jason Mitchell W. Mitchell & Son Mech. (905) 831-7691

December 6: Hays Fluid Control seminar presented by Tim England.

2007 January 10: MCA Toronto Industry Luncheon. January 15: Project Management Course Part Two (eight weeks). January 16: Foreman Three Course (10 weeks). January 17: Estimating 201 Course (10 weeks). January 17: Morris & Mackenzie seminar on Bonds 101 presented by Brian Edmunds. January 18: Foreman Two Course (10 weeks). February 23 to March 1: MCAA Annual Conventional – Grande Lakes Orlando, Orlando, Fla. For additional information and to register, please visit www.mcaa.org. June 1 to June 8: MCA Ontario Annual Meeting Conference – New York City – Cruise to Bermuda. *Courses/seminars will be held in MCA Toronto’s classroom located at 50 Acadia Avenue, Suite 302, Markham, (Steeles & Warden) For more information regarding the above, please contact: The Mechanical Contractors Association of Toronto (MCAT), Tel: (416) 491-9004, Fax: (416) 491-9007, E-Mail: [email protected].

president’s message T he contr actors are divided into three categories: • Ca t g e o r y I – 5 0 , 0 0 1 manhours and over • Category II – 15,001 to 50,000 manhours • Category III – One to 15,000 manhours This year’s Safety Award recipients were the following: • Categor y I – Pipeall Plumbing & Heating • Catgeory II – McWatters Mechanical • Catg eor y III – GTA Mechanical Congratulations to the winners, keep it up, and thank

Continued From Page 3

you to all those who participated in this year’s program. As I begin my second year as president, I am looking forward to working with all related stakeholders to help make the MCA of Toronto a vibrant and forward-thinking organization – a tool and resource for all members; a tr usted and dedicated par tner for our friends throughout the industry; and a beacon of honesty, integ rity, and leadership throughout the construction industry. I look forward to working towards this goal with all of you!

PLUMBING & MECHANICAL PROFESSIONALS OF ONTARIO MEMBERS ASSIST CHILD FIND Continued From Page 1

ents. Once the go ahead has been given, Digital North will arrange to have the signs delivered. The goal is to erect a sign in each MCA Zone. The organization is asking P&MP contractors to place these re-usable billboards on active jobsites to help out a worthy charity. To date, Child Find Ontario has recovered more than 600 children. In 2003, the success rate for cases registered with Child Find was 95 per cent and over 100 per cent in 2004. MCAT PIPELINE - FALL 2006 9

Active Mechanical Services Mr.W. Parkes Tel: 416-679-8410, Fax: 905-238-6203

Wm. Elliott Ltd. Mr. G. Elliott Tel: 416-755-3371, Fax: 416-755-3165

McLeod Mechanical Ltd. Mr. J. McLeod Tel: 416-306-9916, Fax: 416-306-0876

Adelt Mechanical Ltd. Mr. S. Munro Tel: 905-564-7833, Fax: 905-564-9743

English & Mould Mech. Contractors Inc. Mr. D. Smith Tel: 905-857-7778, Fax: 905-857-9150

McWatters Mechanical Ltd. Mr. A. McWatters Tel: 905-727-2420, Fax: 905-727-7280

Aecon Mr. J. Berg Tel: 519-653-3200, Fax: 519-621-8430

E.S. Fox Ltd. Mr. E. Downes Tel: 905-354-3700 , Fax: 905-354-5599

Ainsworth Inc. Mr. J. Warner Tel: 416-751-4420, Fax: 416-751-9031

Fapco Plg. & Mech. Ltd. Mr. A. Pileggi Tel: 416-798-4411, Fax: 416-798-1865

Aldin Industrial Inst. Ltd. Mr. G.A. Green Tel: 905-849-6688, Fax: 905-845-2468

GH Medical Inc. Mr. K. Reynolds Tel: 905-455-6771 , Fax: 905-455-5088

Analysts of Pneumatic Sys. Ltd. Mr. D. Strain Tel: 905-640-2333, Fax: 905-640-2444

Y.A. Gibb Inc. Mr. A. Gibb Tel: 905-436-7591, Fax: 905-436-6950

Applewood Air Conditioning Mr. G. Gronwall Tel: 905-275-4500, Fax: 905-275-7756

Gimco Ltd. Mr. D. Capotosto Tel: 905-475-2920, Fax: 905-475-8249 Gorbern Mechanical Ltd. Mr. K. Collins Tel: 416-292-4277, Fax: 416-292-0961 Greenock Mechanical Ltd. Mr. D. Salmon Tel: 416-439-5962, Fax: 416-291-0073 H. Griffiths Co. Ltd. Mr. M. Prowse Tel: 905-850-7070, Fax: 905-850-7091 Grist-Turano & Associates Inc. Mr. F. Turano Tel: 416-621-9991, Fax: 416-621-9983 Heritage Mechanical Ltd. Mr. B. Dalimonte Tel: 905-738-0433, Fax: 905-738-6257 Hi-Rise Mechanical Inc. Mr. L. Carinci Tel: 905-851-5644, Fax: 905-851-9987 Honeywell Ltd. Mr. L. Traynor Tel: 416-758-2683, Fax: 416-758-2740 H.O.T. Mechanical Inc. Mr. O. Siebelts Tel: 905-421-9203, Fax: 905-421-0085

Bally Mechanical Contractors Mr. S. McLean Tel: 905-828-1234, Fax: 905-828-4998 Baragar Mech. Inst. Ltd. Mr. S. Petruccelli Tel: 416-232-1777, Fax: 416-232-1239 BASE Intelligent Building Systems Ltd. Mr. A. Hirani Tel: 905-477-7110, Fax: 905-477-7528 Battaglia Mech. Services Mr. M. Battaglia Tel: 905-415-2136, Fax: 905-415-2137 Bennett Mechanical Inst. Ltd. Mr. A. Quinn Tel: 905-689-7242, Fax: 905-689-7289 Bering Mechanical Ltd. Mr. T. Shainline Tel: 416-231-1414, Fax: 416-234-0827 Bird Mechanical Ltd. Mr. B. Bird Tel: 905-888-9339, Fax: 905-888-9240 Black & McDonald Ltd. Mr. W. Smith Tel: 416-366-2541, Fax: 416-361-3170

Impact Mech. & Elec. Ltd. Mr. D. Gorman Tel: 416-596-8123, Fax: 416-596-8174

Brady & Seidner Assoc. Mr. D. Brady Tel: 416-661-1981, Fax: 416-661-8351

J.G. Mechanical Contracting Inc. Mr. J. Gervasio Tel: 905-660-5740, Fax: 905-660-4674

S. Breda Plumbing Ltd. Mr. S. Breda Tel: 416-663-5711, Fax: 416-663-6168

J.V. Mechanical Mr. J. Vrbanic Tel: 905-696-7773, Fax: 905-696-7775

Brown & Huston Ltd. Mr. H. Meissner Tel: 905-649-3031, Fax: 905-649-3032 Christal Mechanical Mr. J. Raspa Tel: 416-740-8818, Fax: 416-740-8987 Clima Mech. Contrs. Ltd. Mr. C. Defulviis Tel: 905-851-1562, Fax: 905-851-1631 CMS Commercial Mech. Srv. Ltd. Mr. C. Lacey Tel: 416-609-9992, Fax: 416-609-9597 Comstock Canada Mr. B. Quinn Tel: 905-335-3333, Fax: 905-335-3169

M.D.B. Mechanical Contractors Inc. Mr. D. Burke Tel: 905-625-5197, Fax: 905-625-6118 Metrin Mech. Contrs. Ltd. Mr. M. Morin Tel: 416-747-9562, Fax: 416-747-5061 W. Mitchell & Son Mechanical Ltd. Mr. C. Mitchell Tel: 905-831-7691, Fax: 905-831-4673 Modern Niagara Toronto Inc. Mr. B. Silberstein Tel: 416-749-6031, Fax: 416-749-4673 Motion Mechanical Contractors (2002) Inc. Mr. P. Carinci Tel: 905-850-2911, Fax: 905-850-2673 Multiwide Mechanical Contractor Ltd. Mr. C. Favrin Tel: 905-761-0777, Fax: 905-761-5790

Williams Mechanical Canada Ltd. Mr. W. Pankhurst Tel: 416-271-8161, Fax: 905-509-8680

Accubid Systems Ltd. Mr. G. Marcelli Tel: 905-761-8800, Fax: 905-761-1234

ITT Fluid Products Canada Mr. B. Gray Tel: 519-821-1900, Fax: 519-821-5316 Jay R. Smith Co. Mr. A. Sinclair Tel: 416-736-9610, Fax: 416-736-3789 Kilmer Environmental Inc. Mr. T. Kilmer Tel: 905-890-8908, Fax: 905-890-8915 LynCar Products Ltd. Mr. C. Davies Tel: 905-453-2400, Fax: 905-453-2404 Maestro Technologies Mr. M. Rennie Tel: 905-717-9335, Fax: 416-352-5198 Masco Canada Ltd. Mr. P. Ashton Tel: 905-712-3030, Fax: 905-712-1456 Mifab Manufacturing Inc. Mr. T. Hanna Tel: 416-679-0380, Fax: 416-679-0350

Anvil International Canada Mr. J. Convey Tel: 800-268-0360, Fax: 905-664-9556

NMI Technical Services Inc. Mr. S. Newlands Tel: 905-666-8213, Fax: 905-666-3079

Bibby-Ste-Croix Mr. G. Stuempfle Tel: 416-818-2946, Fax: 519-249-0404

Novel Mechanical Inc. Mr. P. Corapi Tel: 905-850-2047, Fax: 905-850-6148 Peeltown Welding Ltd. Mr. M. Cliche Tel: 905-677-4437 Pilot Contracting Ltd. Mr. M. Frattaroli Tel: 905-770-5851, Fax: 905-770-7804 Pipe-All Plumbing Mr. F. Caschera Tel: 905-851-1927, Fax: 905-851-2002 Piping Solutions Inc. Mr. S. Rugg Tel: 416-778-5151, Fax: 416-466-3986 Plan Mechanical Ltd. Mr. D. James Tel: 416-635-9635, Fax: 416-635-9764 Pneumatemp Systems Ltd. Mr. J. Dawe Tel: 416-746-4883, Fax: 905-478-8667

Robert B. Somerville - Div. of Robert McAlpine Ltd. Mr. K. Abraham Tel: 905-833-3100, Fax: 905-833-4368 Roberts Group Inc. (The) Mr. B. Voisin Tel: 519-578-2230, Fax: 519-578-2979 Rogers & Assoc. Ltd. Mr. J. Rogers Tel: 416-663-5077, Fax: 416-663-3222 Rom-Tal Mechanical Inc. Mr. J. Romano Tel: 905-951-7057, Fax: 905-951-6495

Safinco Mechanical Ltd. Mr. S. Abedini Tel: 905-709-5602, Fax: 905-709-2147

Lisi Mechanical Ltd. Mr. B. Lisi Tel: 416-674-8333, Fax: 416-674-5399

Sanet Mechanical Ltd. Mr. M. Seca Tel: 905-264-2012, Fax: 905-264-2013

Lockerbie & Hole Eastern Inc. Mr. P. Murray Tel: 905-673-1802, Fax: 905-673-5513

Sayers & Assoc. Ltd. Mr. S. Sayers Tel: 905-821-4500, Fax: 905-821-0664

DCA Plg. & Htg. Ltd. Mr. D. Caschera Tel: 416-252-4647, Fax: 416-259-1930

Margell Mechanical Ltd. Mr. L. Infanti Tel: 416-749-1717, Fax: 416-748-3059

M. Schultz Mechanical Mr. M. Schultz Tel: 905-881-6444, Fax: 905-881-3849

Dolvin Mech. Contrs. Ltd. Mr. I. DiBonaventura Tel: 416-653-6504, Fax: 416-653-9798

Master Boiler Repair Mr. J. Price Tel: 905-761-5703, Fax: 905-761-5704

Sprint-Insight Inc. Mr. A. Salvatore Tel: 416-747-6059, Fax: 416-747-6903

10 MCAT PIPELINE - FALL 2006

Torek Plg. & Mech. Ltd. Mr. D. Kite Tel: 416-789-1139, Fax: 416-244-8909

Barantas Inc. Ms. E. Carter Tel: 416-410-4470, Fax: 905-875-3582

Leslie Danhart Inc. Mr. A. Defoe Tel: 416-291-8200, Fax: 416-291-2282

Danton Mech. Contrs. Ltd. Mr. D. Claramunt Tel: 905-683-8054, Fax: 905-683-7398

Vanguard Mechanical Inc. Mr. J. Fisher Tel: 416-483-5936, Fax: 416-781-1798

Newmarch Inc. Mr. W. Newmarch Tel: 905-640-8031, Fax: 905-640-8037

Royal Mechanical Inc. Mr. V. DiGaetano Tel: 905-264-8701, Fax: 905-264-8703

Culliton Brothers Ltd. Mr. T. Culliton Tel: 519-271-1981, Fax: 519-273-4885

Sutherland Schultz Mr. K. Burrow Tel: 519-653-4123, Fax: 519-653-3232

S.A. Armstrong Ltd. Mr. W. Gubler Tel: 416-755-2291, Fax: 416-757-9377

Leeson Mechanical Ltd. Mr. G. Wilson Tel: 416-746-1817, Fax: 416-746-6978

Con-Trak Mech. Services Mr. R. Colmer Tel: 905-855-0708, Fax: 905-855-7101

Van Mechanical Inc. Mr. D. Di Tullio Tel: 905-793-9444, Fax: 905-793-9411

Nelson Welding Ltd. Mr. A. Bokma Tel: 416-742-9180, Fax: 416-742-6897

Geo. A. Kelson Co. Ltd. Mr. R. Kelson Tel: 905-898-3400, Fax: 905-898-5491

Kora Mechanical Ltd. Mr. K. Sikora Tel: 416-744-3965, Fax: 416-744-2016

W.A. Stephenson Mech. Cont. Ltd. Mr. G. Duncan Tel: 905-886-0934, Fax: 905-881-7655

Aon Reed Stenhouse Inc. Mr. J. Brennan Tel: 519-430-7403, Fax: 519-672-3425

Ram Mechanical Ltd. Mr. G. Inglis Tel: 416-742-4470, Fax: 416-742-3704

Kingston Contracting Ltd. Mr. R. Teunissen Tel: 416-747-8563, Fax: 416-747-8660

Tormac Mechanical Contractors Ltd. Mr. M. Costante Tel: 905-828-7222, Fax: 905-828-9997

Municipal Mechanical Contractors Ltd. Mr. U. Morresi Tel: 905-794-0800, Fax: 905-794-1146

K & S Plg. & Htg. Ltd. Mr. K. Mautner Tel: 416-439-9904, Fax: 416-439-0512

Kent McWatters Welding Co. Ltd. Mr. K. McWatters Tel: 905-477-5772, Fax: 905-775-9012

The State Group Industrial Limited Mr. K. Lewis Tel: 416-240-0610, Fax: 416-240-7920

Blaney McMurtry LLP Mr. M. Geiger Tel: 416-593-1221, Fax: 416-593-5437 C.I.B.C. Wood Gundy Mr. P. O’keeffe Tel: 416-369-2224, Fax: 416-369-7683

Morris & Mackenzie Inc. Mr. B. Edmunds Tel: 416-221-9840, Fax: 416-221-9684

Conbraco Industries Inc. Mr. J. Cooper Tel: 905-761-6161, Fax: 905-761-6666

N-Two Cryogenic Enterprise Inc. Mr. W. Chuck Tel: 416-410-6487, Fax: 905-660-1635

Crane Plumbing Corporation Ms. A. Rider Tel: 450-679-3113, Fax: 450-679-3711

Noble Plumbing Supplies Mr. M. Storfer Tel: 905-760-6800, Fax: 905-760-6801

Crane Supply Mr. G. Kellaway Tel: 416-244-5351, Fax: 416-244-1734

Nuroc Plg. & Htg. Supplies Mr. G. Tester Tel: 416-746-2171, Fax: 416-746-0795 Ogilvy Renault Mr. R. Charney Tel: 416-216-4000, Fax: 416-216-3930

Rbt. C. Cronish Q.C. Mr. R. Cronish Tel: 416-486-6800, Fax: 416-486-6844

Dobbin Sales Ltd. Mr. B. Laing Tel: 416-663-5465, Fax: 416-663-0897

Perks Publications Inc. Mr. M. Nosko Tel: 905-430-7267, Fax: 905-430-6418 Sherwood Plumbing Supplies Inc. Mr. G. Iaboni Tel: 905-677-8088, Fax: 905-677-5730

Emco Corporation Mr. P. Silverberg Tel: 416-748-4000, Fax: 416-747-7968 Engineered Air Mr. B. Reynolds Tel: 905-602-4430, Fax: 905-602-4546 Federated Insurance Company of Canada Mr. M. Di Tullio Tel: 800-361-0790, Fax: 450-687-6663 FHS - Focus On Health & Safety Inc. Mr. R. Jobin Tel: 800-450-7743, Fax: 866-602-9693 Glaholt LLP Mr. C. Wiebe Tel: 416-368-8280, Fax: 416-368-3467

Smillie, McAdams & Summerlin Ltd. Mr. R. Chew Tel: 905-428-6900, Fax: 905-428-6598 Tickner & Assoc. Inc. Mr. R. Tickner Tel: 905-508-9123, Fax: 905-508-9124 Trane Central Ontario Mr. M. Tomkinson Tel: 416-499-5100, Fax: 416-499-3615 Trisura Guarantee Insurance Company Ms. J. Mascitelli Tel: 416-214-2555, Fax: 416-214-9597 Uponor Ltd.. Mr. P. Micieli Tel: 905-458-4698, Fax: 905-458-5615

Goodmans LLP Mr. H. Wise Tel: 416-979-2211, Fax: 416-979-1234 GSW Water Heating Mr. Pat Cushing Tel: 519-843-1610, Fax: 519-787-5500 Hays Fluid Controls Mr. T. England Tel: 763-257-2747, Fax: 704-830-1066

Vibro-Acoustics Mr. D. Murray Tel: 416-291-7371, Fax: 416-291-8049

Hill Supplies Mr. A. Perry Tel: 905-883-0633, Fax: 905-883-0777 Hilti (Canada) Limited Mr. G. Parent Tel: 416-606-6980, Fax: 800-363-4459 IPEX Inc. Mr. M. Mercurio Tel: 905-670-7676, Fax: 905-670-4999

Watts Industries Mr. R. Henderson Tel: 905-332-4090, Fax: 905-332-8551

Desco Plg. & Htg. Supply Mr. L. Moore Tel: 416-213-1555, Fax: 416-798-9541

Victaulic Co. of Canada Mr. B. Pinnock Tel: 905-884-7444, Fax: 905-884-7446 Watters Marketing Inc. Mr. G. Watters Tel: 905-662-2135, Fax: 905-430-1654

Wolseley Mr. A. Hook Tel: 888-419-9969, Fax: 905-331-2185 Zurn Industries Limited Mr. D. Dyer Tel: 905-405-8272, Fax: 905-405-1292