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 by Best Lawyers in Canada as a leading lawyer in Construction Law, 2021
  • 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

Co-Speaker (with Krista Chaytor), "The New Construction Act: Two Years In … and Counting!, Webinar Series, The Construction Institute of Canada, November 25, 2020
Guest Speaker, "Bid Theory”, Ontario Association of Architects and University of Toronto, 2020 On-line Continuing Education Course, November 25, 2020
Panelist, “Risks in Construction Contracts – Unforeseen or Unforeseeable“, at “5th Annual Managing Risk in Construction Contracts & Projects”, The Canadian Institute, Toronto, July 9-10, 2020
Guest Speaker, "Bid Theory”, Ontario Association of Architects and University of Toronto, 2020 On-line Continuing Education Course, June 3, 2020
Co-Speaker (with Krista Chaytor), "Construction Contracts: Assessing and Managing Risks", Webinar Series, The Construction Institute of Canada, April 27 - May 1, 2020
Co-Speaker (with Brian Kuchar, Raj Datt and Marie-Pier Nadeau), COVID-19: Construction Services Update, “Timing of Rights, Lien Periods and Release of Holdback” and “Insurance Considerations”; On-line presentation by WeirFoulds LLP, March 30, 2020
Co-Speaker (with Krista Chaytor), “The New Construction Act: The Old, The New, and the Really, Really New!”, The Construction Institute of Canada, Richmond Hill, ON, March 11, 2020
Co-Speaker (with Krista Chaytor), “The New Construction (Lien) Act: Time Periods, Prompt Payment and Adjudication”, Ontario Petroleum Contractors Association”, Toronto, ON, March 4, 2020
Guest Speaker, "Bid Theory”, Ontario Association of Architects and University of Toronto, 2020 On-line Continuing Education Course, March 4, 2020
Co-Speaker (with Brian Kuchar), “The New Construction Act: What You Need to Know”, presentation for a private institute, Toronto, ON, February 23, 2020

Publications

Legend: GeneralLitigationPropertyCorporateGovernment

News

Legend: GeneralLitigationPropertyCorporateGovernment

In the Media

Legend: GeneralLitigationPropertyCorporateGovernment

Events

Additional Publications

  • Co-author (with Krista Chaytor and Brian Kuchar), “Resolving Construction Disputes in a COVID World”, The Generals: Ontario General Contractors Association, Fall/Winter 2020
  • Co-author (with Krista Chaytor and Brian Kuchar), “Pandemic Pandemonium! Construction Claims and COVID-19”, Piling Canada Q2, 2020
  • Co-author (with Krista Chaytor), “Getting Ready for Prompt Payment in Ontario: Other provinces are likely to follow suit”, Canadian Petroleum Contractor Magazine, Canadian Petroleum Contractor Association, December 2019
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