Michael represents clients from across Ontario in his construction law practice. He is involved in every facet of the construction industry, including strategy development – from project inception to completion. He is experienced in structuring tendering and contract documents related to all aspects of development. Michael's practical and time-saving advice has resolved wide-ranging issues arising from procurement and contract disputes and lien, trust and delay claims.

Michael appears frequently before various boards, tribunals and courts, including the Ontario and Superior Courts of Justice, the Ontario Court of Appeal and the Federal Court of Canada.

Michael speaks regularly to various associations and groups on topical issues concerning the construction industry. He provides clients with timely and relative updates on court cases, decisions and statute changes. Michael has taught Construction Law courses for the Ontario General Contractors Association and George Brown College since 2006.

In 2017, Michael was selected by the Toronto Construction Association (TCA) Nominations & Awards Committee as the winner of the 2016 TCIC Chancellor's Award of Excellence.

Michael Swartz devotes his practice to construction law. He represents clients from across the construction industry, in all aspects of projects and construction-related issues.

Michael represents clients from across Ontario in his construction law practice. He is involved in every facet of the construction industry, including strategy development – from project inception to completion. He is experienced in structuring tendering and contract documents related to all aspects of development. Michael's practical and time-saving advice has resolved wide-ranging issues arising from procurement and contract disputes and lien, trust and delay claims.

Michael appears frequently before various boards, tribunals and courts, including the Ontario and Superior Courts of Justice, the Ontario Court of Appeal and the Federal Court of Canada.

Michael speaks regularly to various associations and groups on topical issues concerning the construction industry. He provides clients with timely and relative updates on court cases, decisions and statute changes. Michael has taught Construction Law courses for the Ontario General Contractors Association and George Brown College since 2006.

In 2017, Michael was selected by the Toronto Construction Association (TCA) Nominations & Awards Committee as the winner of the 2016 TCIC Chancellor's Award of Excellence.

Reported Cases

Maystar General Contractors Inc. v. Newmarket (Town) (2008), 69 C.L.R. (3d) 186 (S.C.J.); affirmed by (2009) 82 C.L.R. (3d) 169 (Ont. C.A.); additional reasons in (2008) 171 A.C.W.S. (3d) 269 (S.C.J.).

Ciardullo v. Premetalco Inc. (2009), 82 C.P.C. (6th) 148 (Ont. S.C.J.).

Tubacex & Cotubes Canada Inc. v. Scan Tube & Steel Services Ltd. (2009), 176 A.C.W.S. (3d) 92 (Ont. S.C.J.).

Commandant v. Wahta Mohawks (2008), 68 Admin. L.R. (4th) 161 (F.C.T.D.); appealed (2008), 77 Admin. L.R. (4th) 241 (Fed. C.A.).

Hickey v. Tri-Green Construction Inc. (July 17, 2007), [2007] O.L.R.B. Rep. 831 (Ontario Labour Relations Board).

Commandant v. Wahta Mohawks et al. (2006), 48 C.C.E.L. (3d) 29 (S.C.J.); leave to appeal granted (2006), 48 C.C.E.L. (3d) 38 (S.C.J.); appeal dismissed, [2006] O.J. No. 4588 (Div. Ct.).

Braithwaite Technology Consultants Inc. v. Blanketware Corp. (2005), 72 O.R. (3d) 611 (S.C.J.).

Paletta International Corp. v. Canada LIfe Mortgage Services (2003) 9 R.P.R. (4th) 1 (C.A.); leave to appeal denied [2003] S.C.C.A. No. 260 (S.C.C.).

Publications

Paper, "Construction Liens and Condominiums", Practice Gems: Construction Lien Essentials 2016, Law Society of Upper Canada, March 2016

Repair and Storage Lien Act: A Practical Guide (Book)

"Quiz - Side-stepping procurement traps", Canadian Lawyer InHouse Magazine, June 2012

"Dealing With Construction Liens", WeirFoulds LLP - Commercial Leasing Client Bulletin Fall 2007, September 2007

Co-author, "Construction Law Course Book", Ontario Road Builders' Association, February 2011. Last updated March 2013.

Co-author, "Hot off the press: The New CCDC 2 – 2008 Stipulated Price Contract", Toronto Construction News, Vol 25, No 2, April 2008.

Co-author (with Glenn Ackerley), "The New CCDC 2 – 2008 Stipulated Price Contract", Morguard Investments – Legalease, March, 2008, vol. 12 no. 3.

"Dealing with Construction Liens", Client Bulletin - Commercial Leasing Update, WeirFoulds LLP, Fall 2007.

Co-author (with Glenn Ackerley), "What's New in Construction Law", presented by Glenn at the Ontario Bar Association's Operation Update 2003 Conference, October 2003.

Co-author (with Al Formosa), "Update on Landlord/Tenant Issues in Insolvency and Bankruptcy", presented by Al at the Law Society of Upper Canada's Continuing Legal Education program, Debtor-Creditor Conference, April 2, 2003.

Co-author (with Raj Anand), "Racial Harassment: What Employers Need to Know", presented by Raj at the Canadian Institute conference, Employer Liability for Employee Behaviour, February 5, 2002.

Speaking Engagements

Speaker, "The Construction Lien Act" Festival of Architecture, Ottawa, ON, May 26, 2017

Speaker, "Bid Theory", Festival of Architecture, Ottawa, ON, May 25, 2017

Instructor, "Bid Theory & Bid Practice", Ontario Association of Architects, 2016 Admissions Course, Toronto, November 12, 2016.

Speaker, "Construction Liens and Trusts", The Construction Institute of Canada (Toronto Construction Association), October 18, 2016.

Speaker, "The Construction Lien Act: Latest Developments in Liens and Trusts", The Construction Institute of Canada (Toronto Construction Association), June 29, 2016.

Speaker, "Identifying & Managing Risk in Construction Documents", Seminar, The Construction Institute of Canada (Toronto Construction Association), June 15, 2016.

Instructor, "Bid Theory", Ontario Association of Architects, 2016 Admissions Course, Toronto, May 12, 2016. 

Speaker, "Construction Liens and Condominiums", Practice Gems: Construction Lien Essentials 2016, Law Society of Upper Canada, March 9, 2016.
 
Presentation, "CCDC 14 and 15 Contracts: What you need to know …", Seminar Delivered to Private Institution, January 13, 2016.

Instructor, Construction Law and Contracts 2.0, ORBA's Annual Road Building Academy, February 29-March 1, 2016

Instructor, Ontario General Contractors Association, Construction Law (Gold Seal), October–December 2015.

Speaker, "Risk Avoidance, Liens and Construction Claims", Jones DesLauriers Insurance Management Inc. - Construction Conference, November 16, 2015.

Speaker, "Identifying & Managing Risk in Construction Documents", Seminar, The Construction Institute (Toronto Construction Association), November 11, 2015.

Speaker, "Identifying & Managing Risk in Construction Contract Documents", Seminar, Architectural Woodwork Manufacturers Association of Canada (AWMAC) Ontario Chapter, October 15, 2015.

Instructor, "Bid Theory", Ontario Association of Architects, 2014 Admissions Course, Hamilton, May 7, 2015.

Instructor, "Construction Law" and "Advanced Construction Law", Ontario Road Builders' Association, Barrie, February 23-25, 2015.

Speaker, "The Construction Lien Act: Latest Developments in Liens and Trusts", The Construction Institute (Toronto Construction Association), May 2014.

Instructor, "Bid Theory", Ontario Association of Architects, 2014 Admissions Course, Montreal, Quebec, May 9, 2013.

Instructor, "Construction Law", Ontario Road Builders' Association, Mississauga, February 25 and 26, 2014.

Instructor, Ontario General Contractors Association, Construction Law (Gold Seal), January–April 2014.

Speaker, "The Construction Lien Act: Liens and Trusts", Architectural Woodwork Manufacturers Association of Canada, October 2013.

Speaker, "The Construction Lien Act: Latest Developments in Liens and Trusts", The Construction Institute (Toronto Construction Association), October 2013.

Instructor, "Bid Theory", Ontario Association of Architects, Admissions Course, May 8, 2013.

Speaker, "Minimizing Damages: Claims Lessons Learned", 9th Minimizing Construction Risk, Federated Press, May 7, 2013.

Speaker, "Understanding the Pitfalls and Practices of Tendering in the Construction Marketplace – Tender Legalities", The Construction Institute of Canada, May 6, 2013.

Instructor, "Construction Project Risk Management From a Legal Perspective", Toronto Chapter of the Institute of Internal Auditors, April 23, 2013.

Speaker, "Putting Your Best Foot Forward: Winning Claims Strategies", 8th OGCA Symposium, Collingwood, April 12, 2013.

Instructor, "Construction Law", Ontario Road Builders' Association, Mississauga, March 6-7, 2013.

Speaker, "The Construction Lien Act: Latest Developments in Liens and Trusts", The Construction Institute (Toronto Construction Association), February 2013.

Instructor, "Construction Law and Risk Managment", Toronto Chapter of the Institute of Internal Auditors, May 1, 2012.

Speaker, "The Construction Lien Act: Latest Developments in Liens and Trusts", The Construction Institute (Toronto Construction Association), June 2011.

Instructor, "Construction Law", Ontario Road Builders' Association, Mississauga, February 28-March 2, 2011.

Speaker, "When You Sue – What Your Documents Say and Do!", Ontario Sewer and Watermain Construction Association, Mississauga, February 16, 2011.

Speaker, "Drafting Your Agreements to Minimize Challenges and Disputes, Infonex, Profit from Knowledge, Toronto, November 16, 2010.

Instructor, Law and Construction Contracts, George Brown College, School of Construction Management and Trades, and School of Architectural Studies, January–April, 2010.

Instructor, Construction Law (Gold Seal), George Brown College, School of Continuing Education, Current Course, 2005–present.

Speaker, "The Construction Lien Act: Latest Developments in Liens and Trusts", The Construction Institute (Toronto Construction Association), May 2009.

Speaker, "Let's Sue The @#%! (How to Make the Court System Work for You)", Ontario General Contractors Association, Annual Symposium and Trade Show, April 2009.

Lecturer, "Understanding the Pitfalls and Practices of Tendering in the Construction Marketplace: Changes to CCDC 2 - Standard Form Document: 2008 vs. 1994", The Construction Institute (Toronto Construction Association), November 2008.

Speaker, "The Construction Lien Act: Latest Developments in Liens and Trusts", The Construction Institute (Toronto Construction Association), June 2008.

Speaker, "CCDC2 - 2008: What's New? What's Different? What's Same Old?", Ontario General Contractors Association, Annual Symposium and Trade Show, April 2008.

Speaker, "Making Your Blackberry Work for You", Toronto Construction Association, January 16, 2008.

Instructor, Ontario General Contractors Association, Construction Law (Gold Seal), 2006–present.

Awards & Recognition

TCIC Chancellor's Award of Excellence, 2017

Distinguished Volunteer Award, Toronto Construction Association, 2013

 

Professional Activities

Toronto Construction Association: Industry Practices Committee (2014-Present)

The Advocates' Society - Construction Law Practice Group Executive, Vice-Chair, 2015-2016

The Advocates' Society; Construction Law Practice Group, Task Force Member on Construction Lien Act Reform, 2015

Ontario Bar Association Committee on Construction Lien Act Reform, Subcommittee Co-Chair, "Dispute Resolution Procedures", 2015

Instructor, George Brown College, 2005–present

Affiliations

Ontario Bar Association, Construction and Infrastructure Law Section Executive

Ontario Bar Association, Civil Litigation Section

Toronto Construction Association

The Advocates' Society

The Osgoode Society

Toronto Lawyers' Association

Community Involvement

Sherwood Park Advisory Committee, North Toronto

Partner*

Toronto
Direct 416.947.5024
Fax 416.365.1876
mswartz@weirfoulds.com

* Partner through a professional corporation

Practice Areas

Construction Law
Called to the Bar
Ontario, 2002
Education
University of Windsor
LL.B. 2001

University of Windsor
B.A. (Hons) 1998

Awards & Recognition

TCIC Chancellor's Award of Excellence, 2017

Distinguished Volunteer Award, Toronto Construction Association, 2013

 

Professional Activities

Toronto Construction Association: Industry Practices Committee (2014-Present)

The Advocates' Society - Construction Law Practice Group Executive, Vice-Chair, 2015-2016

The Advocates' Society; Construction Law Practice Group, Task Force Member on Construction Lien Act Reform, 2015

Ontario Bar Association Committee on Construction Lien Act Reform, Subcommittee Co-Chair, "Dispute Resolution Procedures", 2015

Instructor, George Brown College, 2005–present

Affiliations

Ontario Bar Association, Construction and Infrastructure Law Section Executive

Ontario Bar Association, Civil Litigation Section

Toronto Construction Association

The Advocates' Society

The Osgoode Society

Toronto Lawyers' Association

Community Involvement
Sherwood Park Advisory Committee, North Toronto

Called to the Bar

Ontario, 2002

Education

University of Windsor
LL.B. 2001

University of Windsor
B.A. (Hons) 1998