Kailey Sutton

McMillan LLP

(416) 945-8008

Brookfield Place, 181 Bay Street, Suite 4400
Toronto, Ontario M5J 2T3

About Kailey Sutton

Kailey Sutton maintains a practice focused on municipal law, land use planning, construction and development. She represents and advises the full range of stakeholders in construction and infrastructure, including owners, developers, ratepayers, municipalities, contractors and consultants. Kailey’s practice also engages the concepts of ESG (Environmental, Social and Governance), PropTech (Property Technology), and ConTech (Construction Technology) where possible.

Experienced in obtaining front-end approvals and permitting for development and construction, Kailey assists her clients on various forms of approvals, including official plan amendments, rezonings, severances, minor variances, plans of subdivision and site plan approvals. She also provides advice on expropriation proceedings, Ontario Heritage Act and Building Code matters, as well as by-law and regulatory compliance issues. Kailey frequently appears and makes submissions before municipal councils and committees of adjustment, the Ontario Land Tribunal (formerly the Local Planning Appeal Tribunal and Ontario Municipal Board), the Toronto Local Appeal Body, and Provincial Offences Court. Kailey has also made filings to, and been on record at, the Ontario Superior Court of Justice in construction-related litigation.

Kailey’s experience includes drafting and negotiating complex construction and development agreements, including custom-drafted and standard form construction contracts; master supply and service agreements; operation and maintenance agreements; teaming agreements; crane swing, tie-back and shoring agreements; servicing agreements; subdivision agreements; site plan agreements; and section 37 agreements. She has acted on matters relating to real estate portfolio acquisitions, low- and high-rise residential and condominium developments, university and hospital developments, industrial facilities, public-private partnership (P3) infrastructure, renewable energy projects and art installations.

As a former insurance broker and adjuster, Kailey offers significant expertise in risk management and allocation, mediation, negotiation and settlement.

Kailey enjoys being an active member of the Urban Land Institute’s Program Committee, a member at large on the Ontario Bar Association’s Municipal Law Section Executive, a member of the Building Industry and Land Development Organization and a frequent author and panelist on development and construction law matters. Kailey’s experience also includes being an Adjunct Professor at the ADZ School of Construction Management, George Brown College (2021), teaching a course in Construction Contract Law.

Practice Areas

  • Municipal
  • Land Use Planning & Development


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Contact Kailey Sutton

(416) 945-8008

Brookfield Place, 181 Bay Street, Suite 4400
Toronto, Ontario M5J 2T3

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