Michael Swartz

Partner*

Toronto
416.947.5024

Michael Swartz

Experience

Practice Areas

* Partner through a professional corporation

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. He is also listed in the Canadian Legal Lexpert Directory as a repeatedly recommended lawyer in Construction Law.

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.).

Awards

  • Recognized in the Canadian Legal Lexpert Directory as a leading practitioner in Construction Law, 2019
  • 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
Called to the Bar
  • Ontario (2002)
Education
  • LL.B., University of Windsor, 2001
  • B.A. (Hons.), University of Windsor, 1998
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

Speaking Engagements

Guest Speaker, "Bid Theory”, Ontario Association of Architects and University of Toronto, 2019 Online Continuing Education Course, December 4, 2019.
Guest Speaker, “Construction Documentation: A Legal Perspective”, Toronto Construction Association, November 13, 2019.
Guest Speaker, "Bidding and Bid Theory”, Ontario Association of Architects, 2019 Admissions Course, Toronto, November 9, 2019.
Co-Speaker (with Glenn Ackerley), “Delay Claims”, Presentation Delivered to a Private Institution, November 7, 2019
Speaker, “The New Construction Act: The Arrival of Prompt Payment and Adjudication”, Belleville, ON, October 18, 2019.
Co-Speaker (with Krista Chaytor), “The New Construction Act: What’s New and What’s Really, Really New!”, The Construction Institute of Canada, Toronto, ON, October 9, 2019.
Speaker, “The New Construction (Lien) Act”, Prince Edward County Construction Association, September 10, 2019.
Co-Speaker (with Krista Chaytor), “Construction Contracts: Assessing and Managing Risks”, Gold Seal Accredited Course for the Peterborough and District Construction Association, Peterborough, ON, September 9, 2019.
Co-Speaker (with Krista Chaytor), “Construction Contracts: Assessing and Managing Risks”, Gold Seal Accredited Course for The Construction Institute of Canada, Toronto, ON, June 5, 2019.
Co-Speaker (with Faren Bogach), “The New Construction Law Act”, Presentation Delivered to a Private Institution, May 10, 2019.

Publications

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News

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In the Media

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Events

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