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Michael has extensive experience in dealing with construction disputes of all types. He has represented national and multinational enterprises, owners, general contractors, subcontractors, suppliers, and design consultants.  His experience extends to public, commercial and condominium projects as a well as home renovations and includes:

• contract interpretation
• breach of contract
• debt collection
• construction liens (preparation and registration and the handling of lien actions)
• deficiency claims
• warranty claims
• delay claims
• breach of trust claims
• construction disputes arising out of non-compliance with plans and specifications or Code requirements
• claims arising out of design issues
• multiple party litigation

Michael is well versed in real estate litigation and land disputes including commercial tenancies.  He has over 35 years of experience in dealing with the disputes under agreements of purchase and sale, the rights of owners of land and damages caused to the ownership interests. In dealing with commercial tenancies, his experience involves the interpretation of lease agreements, the non-payment of rent, possession and termination.

Michael has acted for both employers and employees in disputes arising out of the employment relationship or its termination. In the course of such disputes, issues pertaining to allegations involving discipline, breach of confidentiality, solicitation of clients and employees, restrictive covenants and termination and compensation are considered and addressed.

Michael brings significant experience in dealing bankruptcy/insolvency and receivership proceedings to protect his client’s interests and to maximize recovery.

Michael has experience in assessing and pursuing claims against lawyers (solicitors) for professional negligence.

Michael has extensive experience in bringing and responding to injunction proceedings where a party is seeking to enforce rights or to prevent rights from being impinged until the issues can be addressed by a trial court.

Michael has experience in dealing with claims involving products, equipment and/or machinery of all sizes and varied purposes.  Such claims arise when physical or economic damage results from products which are negligently designed, manufactured or marketed.  Liability can also be incurred for the failure of a manufacturer to advise of known risks involved in using a product.

The root of the business or commercial relationship is a contract or agreement the parties reach, whether it be verbal or in writing. Michael is well versed in dealing with disputes arising out of the interpretation and/or implementation of agreements whether involving a commercial enterprise or private individual. Disputes in which the parties become embroiled must be carefully assessed in light of applicable legal principles and alternative solutions. The goal of the client remains paramount.

Michael deals with disputes involving construction and design deficiencies, and those involving developers, condominium corporations, owners of residential and commercial condominium units, and property managers.

Michael has experience in dealing with shareholder and partnership disputes arising out of interpretation of contracts, governance issues, defalcations, and oppression. Michael has significant experience with valuation and fraud claims, as well as dealing with disputes over liability of directors and officers upon whom statutory and/or fiduciary duties are imposed.

Michael is well versed in the recovery of monies owing to clients whether as result of a judgment having been obtained or arising from an unpaid account. He has assisted large and small companies, and individuals, in the recovery of debt bringing practicality and business acumen to his efforts.

Mandatory mediation is a part of the litigation process in certain jurisdictions in Ontario. Alternative dispute resolution, whether mediation or arbitration, can be an effective way to deal with disputes when the parties are willing to do so. Mediation can provide an effective way to reach a settlement with the assistance of the mediator who facilitates the negotiation process. Arbitration affords the parties an opportunity to structure the proceedings to deal with their dispute and to expedite a final disposition.  It is an option to be considered when developing the strategy to deal with disputes.

Michael is well versed in dealing with claims involving a breach of trust or breach of fiduciary duty whether the obligation is prescribed by statute or at common law.  Each claim merits careful review and the development and implementation of strategy in pursuing or defending such claims.

Michael has significant experience in advancing and defending tort claims.

A tort is a civil wrong that causes someone to suffer loss or harm and which could result in legal liability. The purpose of tort law is to provide a means to recover compensation for the wrong that was done where no contractual relationship exists.  The courts rely on the reasonable person test in assessing whether the conduct warrants an award of damages.

Intentional torts arise from deliberate acts to injure or acts, although not deliberate, which interfere in a person’s rights. Such torts include claims for assault, battery and false imprisonment. Defamation would be a further example.

Claims sounding in negligence fall within the broad realm of tort claims. This would include claims for negligent and fraudulent misrepresentation arising from representations which are untrue.  An example is a untrue representation made to induce a party to enter into an agreement when it would not have done so.

The economic torts include inducing breach of contract and interference in contractual relations used when contracts are terminated or breached as a result of the actions of a non-contracting party.  Intimidation and conspiracy also fall under the economic torts.

The interference in the use and enjoyment of land can give rise to a claim for nuisance. Injury resulting from a visit to premises could give rise to a claim for occupier’s liability.