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 and is recognized by Best Lawyers in Canada as a leading practitioner in Construction Law.
Alternative dispute resolution can play a critical role in moving beyond an impasse and getting on with what is really important. Recognizing this, Michael has spent his career training to effectively mediate both as counsel and as a mediator. Michael is available to provide his mediation or arbitration services. To book a mediation or arbitration date, please contact him directly for his availability.
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),  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,  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  S.C.C.A. No. 260 (S.C.C.).
- Repeatedly recognized by Best Lawyers in Canada as a leading lawyer in Construction Law
- Repeatedly recognized in the Canadian Legal Lexpert Directory as a leading practitioner in Construction Law
- TCIC Chancellor’s Award of Excellence, 2017
- Distinguished Volunteer Award, Toronto Construction Association, 2013
- 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)
- LL.B., University of Windsor, 2001
- B.A. (Hons.), University of Windsor, 1998
- 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
Sherwood Park Advisory Committee, North Toronto
- 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
- Daily Commercial News, “Legal Notes: Understanding early occupancy under the new CDCC contracts“, February 2, 2022