Michael L. Shell 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.

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.