Head, Commercial Litigation
I practice predominantly in the areas of corporate and commercial litigation and public procurement law. I represent local, national and international clients and I have appeared at all trial and appellate levels in Ontario, as well as the Federal Court of Canada, Federal Court of Appeal and the Canadian International Trade Tribunal.
I have represented clients in a variety of corporate and commercial litigation disputes, including contract disputes, shareholder disputes, oppression remedy matters, director and officer liability, complex commercial disputes, fraud recovery (including complex and organized schemes), construction liens, tendering law, and bankruptcy matters.
I also regularly provide advice to clients responding to procurement opportunities with federal, provincial and municipal governments. I assist clients with issues that arise during bid preparation, and I represent clients in public procurement disputes against governments at all levels (bid challenges, judicial review, civil claims for breach of "contract A/B", etc.). In this respect, I have acted for clients in a wide variety of industries including professional services, defence/intelligence, aerospace, telecommunications, and construction.
While I grew up in Markham, Ontario, my heart was in a little place called Madoc. I went east for undergraduate studies at Dalhousie University in Halifax and came back to Ontario for law school at Queen’s University. I have spent my entire career in Ottawa, which is the best city in Canada for people who appreciate escaping city life as much as embracing city life!
I am a past-president and former Chair of the Riverside South Community Association and I volunteer on the board and executive of the Leitrim Minor Hockey Association. I coach hockey and I am involved in a number of charitable and not-for-profit endeavors in and around Ottawa.
I enjoy spending time with my boys and my lovely wife. When the stars align you can find me golfing, fishing, boating, snowmobiling, four-wheeling, or looking for any other excuse to get into the woods or on the water.
Please feel free to call or email me if you are involved in a business related dispute or have any questions or concerns about bidding on or challenging government solicitations.
• Canadian International Trade Tribunal, complaint by M.D. Charlton Co. Ltd. (PR-2015-70). Defeated the invocation of a National Security Exception for the first time in Canada (http://www.cbc.ca/news/politics/supercomputer-trade-tribunal-security-shared-services-1.3886265).
• Bio-Test Laboratory Inc. v. 1070253 Ontario Inc. (Bank Medical Centre) (ONSC). Counsel to plaintiff in shareholder dispute. Successfully argued collateral contract concept as a means of circumventing the Statute of Frauds.
• Maynes v. Allen-Vanguard Technologies Inc. (Med-Eng Systems Inc.) (ONCA). Counsel to former directors in a shareholder dispute. Successful in defeating appeal by plaintiff shareholders.
• AAF McQuay v. Quality Tubes (ONSC). Counsel to a multinational corporation advancing a claim for breach of contract in relation to copper tubing ultimately intended for use at Government of Canada sites.
• Counsel to a large international IT outsourcing company in a $245 million dispute involving complex commercial concerns.
• Counsel to an international client in successful contract negotiation under Canada’s $2.6 Billion National Shipbuilding Procurement Strategy.
• Counsel to professional services provider on complex, policy-based litigation relating to fairness and awardee obligations arising after the award of a federal government contract.
• Counsel to a large Canadian construction company in challenging one of the largest federal public procurement projects in the National Capital Region.
• Counsel to technology/communications provider in transit-related municipal procurement dispute.
• Counsel to one of Canada’s largest construction companies in numerous construction lien litigation matters and construction related litigation.
• Counsel to financial institutions in establishing civil fraud and survivability of debts in the bankruptcy and insolvency context in relation to organized “flip fraud” schemes.
• Counsel to various corporate stakeholders (shareholders, directors/officers, and creditors) in a numerous contract, “oppression” and other commercial disputes including appearances at the appellate level.
• Counsel to Ottawa property owners in successfully defending complex “cottage property title dispute” involving complex issues of title in both Registry and Land Titles.
• Canadian Bar Association
• Law Society of Upper Canada
• County of Carleton Law Association
• The Osgoode Society
• Advocates’ Society
Publications and Speaking Engagements
• “Premature Procurement Complaints: When are you constructively denied relief?”, 2016
• “Foreign Anti-Corruption Compliance: Director and Office Obligations and Considerations”, Corporate Governance by Federated Press, Volume IX, No. 4, 2013
• Canada Gets Tough on Corruption, February 2013
• “Why You Should Think About an Anti-Corruption Compliance Program”, TechSTARTUPCenter.com, April 2013
• “Tendering Law: The Evolution of the Duty of Fairness and What it Means for Clients”, Presentation, 18th East Region Solicitors Conference 2012
• Panelist, Government of Canada, Economic Action Plan Roundtable: “Helping Businesses Sell to the Government of Canada”, 2011
• “A Comparison of Canada’s Proposed Consumer Product Safety Legislation (Bill C-52) and its American Counterpart”, Focus on Federal Advocacy and Policy, June 2008