Successfully responded to an appeal in the Alberta Court of Appeal (Export Development Corporation v MNP Ltd, 2025 ABCA 25 (CanLII)). The appellant sought to set aside the court at first instance’s decision to assign claims under an insurance contract to a creditor over the insurers objection. Michael had the opportunity to share his unique insights in the legal magazine, Take Five Alberta (Feb 2025). “More than anything else,” says…
Counsel to project managers in an arbitration to determine their compensation for overseeing a large multi-building condominium development. Obtained a highly favourable settlement on eve of hearing enabling clients to purchase the entire property. Issues: Independent business valuation Contractual interpretation Constructive trust and the duty of good faith
Successful trial for the ownership and valuation of shares in a closely held corporation. Both parties asserted that the corporate minute book was inaccurate. Our client argued that the shareholder registry had not been updated to reflect her 50% ownership interest; the opposing shareholder asserted that the minute book failed to show that preferred shares had been issued on a 50-50 basis but was accurate in showing that our client…
Obtained highly favourable settlement on behalf of a client against a brokerage that had permitted the client’s estranged spouse to deplete hundreds of thousands of dollars from her RRSP and investment accounts without authorization. Issues: Professional negligence Breach of contract Fiduciary duty to investor Contract law
Issues: Injunction Ex-parte motion Breach of fiduciary duty
Successful resolution following the commencement of an application for leave, stay and judicial review under the Immigration and Refugee Protection Act in respect of a decision by Service Canada to impose an administrative monetary penalty and a permanent ban on the client’s ability to hire temporary foreign workers. Matter settled out of court in the client’s favor. Issues: Exercise of administrative discretion Duty of fairness
Successful “show cause” hearing to overturn a Ministry of Finance denial of a raw leaf tobacco registration certificate, enabling the farmer to commence operations. Issues: Administrative law Procedural fairness
Issues include: directors and officers liability; self-dealing; negligence; oppression; and misrepresentation in contractual formation.
Issues included: Regulatory non-compliance; Insolvency, Secured lending and priorities; and, Doctrine of good faith and fair dealing.
Negotiated settlement of an application to remove estate trustees, enabling the trustee clients to continue to serve. Issues: Estates law Law of trusts Exercise of trustee discretion
