Areas in which I have performed, and continue to perform, problem solving assignments include:

1. Arbitration

As an alternative to or as a means of shortening litigation, issue arbitration, including arbitration in respect of commercial tenancy, franchise and professional fee issues. Grievance arbitration under the Colleges Collective Bargaining Act and under collective agreements under the Labour Relations Act .

2. Banking

Negotiation to achieve modification of application of “New Rules” of the Canadian Payments Association with respect to PADs to “grandfather” existing payee, resolution of claims of bank customers in circumstances of forgery and of freezing of accounts. Collection and defence of guarantees and other claims. Mortgage enforcement, including prosecution of claim in face of defence alleging foreign bank carrying on business in contravention of Bank Act .

3. Construction

Prosecution and defence of construction lien claims for owners, financial institutions, trades, suppliers, architects, engineers, planners and governmental agencies. Bidding/tendering issues. Trust fund claims. Counsel to industry/ supplier interests relative to 1983 overhaul of legislation.

4. Commercial

Shareholder disputes acting for shareholders and corporations. Winding up applications. Oppression remedy applications. CCAA Applications. Advice with respect to e-commerce issues, privacy issues and with respect to streamlining contractual processes.

5. Copyright and Trademark

Prosecution of and opposition to trademark applications. Prosecution of breach of copyright and defence of injunctive relief claimed by Microsoft.

6. Collection

Full range of collection activity including Construction Lien Act and Repair and Storage Liens Act matters. Trust claims under Insurance Act . Collection in Ontario Courts from foreign parties carrying on business in Ontario .

7. Education

All services relative to representation and advising Board of Governors, senior administration and all facets of post-secondary educational institution, including corporate governance, academic appeals, expulsion of students, grievance arbitration, termination, Ontario Human Rights Commission complaints/investigations, Ombudsman investigations, contract matters, property law matters, relations with Ontario Government.

8. Employment

Prosecuting and defending wrongful dismissal claims for employees and employers. Advising with respect to sexual harassment policy. Representing employer with respect to human rights complaints. Grievance arbitration for employers. Representing employers before Ontario Labour Relations Board.

9. Environmental

Obtaining approval for landfill and landfill (processing) sites. Prosecution of applications under Environmental Assessment Act and Consolidated Hearings Act . Successful defence of injunction application by the Attorney General of Ontario to shut down landfill site. Issues relating to asbestos removal and to PCB removal and storage. Appeals to EAB/ERT from decisions of Director.

10. Expropriation

Claims for value of lands taken, business loss and injurious affection. Claim to residual rights of expropriated owner under Section 43 of the Expropriations Act . Claim for compensation for termination of operation of rural telephone system and allocation of proceeds amongst creditors.

11. Finance

Advising with respect to security, contract formation and documentation, disclosure requirements and enforcement rights in respect of commercial financing and financing municipal realty taxes and amounts payable to professional and trade associations. Updating administrators as to amendments to legislation. Advising with respect to internet contracting.

12. Freedom of Information/Protection of Privacy

Advancing and resisting claims to release of documentation and/or disclosure of information under the Freedom of Information and Protection of Privacy Act and under the Municipal Freedom of Information and Protection of Privacy Act . Advising with respect to Personal Information Protection and Electronic Documents Act .

13. Human Rights

Defence of claims against private and public sector parties complained against. Advice to private party complainants. Representation at Board of Inquiry.

14. Injunctions

Obtaining injunctive relief in commercial tenancy and franchise situations. Resisting municipal injunction application to close down hot mix asphalt plant. Resisting application by Attorney General for Ontario for injunction to close landfill site.

15. Insurance

Prosecution and defence of insurance claims. Defence of cancellation issue claims. Advice and defence of claims against insurance brokers. Trust claims under the Insurance Act. Defence of claims for indemnification and exoneration under indemnity agreements, performance bonds and labour and material payment bonds. Financing and collection processes for insurance premiums.

16. Insurance Premium Financing

Defence of cancellation issue claims. Prosecution of trust claims to refund of premium by brokers. Documentation of contractual relations between premium finance company, brokers and insurers. Advising re streamlining contractual processes, involving modification to Premium Finance Contract and electronic commerce issues. Dealing with RIBO. Representation in CCAA proceeding and obtaining recovery of premium refund on security of premium finance contract in the face of bankruptcy proceedings. Development of database of American and Canadian Case Law applicable to insurance premium financing. Advising with respect to establishment and operation of in-house/private label premium finance plans. Advising with respect to process issues and procedures for establishment of premium finance company.

17. Mortgage Remedies

Full range of services representing financial institutions in power of sale, actions on covenants for payment and possession and deficiency actions. Proceedings to reacquire security where mortgage is discharged in error. Proceedings to rectify security where errors in description and/or Planning Act problems. Acting for mortgagees to obtain ability to redeem and redeeming. Acting for mortgagee to obtain accounting for operation of mortgage and tax escrow accounts prior to power of sale and for proceeds of power of sale.

18. Municipal

Representation of municipality in matters relating to land use, zoning by-laws and official plans. Representation of land owners seeking variance, consent to convey, zoning by-law amendment and/or official plan amendment. Representing landowners in processing sub-division applications. Representing citizen groups in opposition to proposed developments. Dealing with municipal sign by-law issues. Representing financing company in developing and implementing realty tax payment plan for municipality. Coordinating arrangements with municipalities upon behalf of landowners who have sold properties conditional upon, or with price contingent upon, rezoning the lands and coordinating efforts with counsel for the purchasers. Representation of municipality, landowners and objectors before the Ontario Municipal Board.

19. Not for Profit Sector/Public Sector

All services relative to representation and advising governing bodies and senior administration of corporations without share capital in the not for profit and public sectors, including a national sectoral training and accreditation body, local bodies promoting and fostering innovation and technology transfers and a local organization operating community and recreational facilities created and required to be maintained pursuant to a development agreement. Services performed include governance issues, admission and expulsion of members, contract matters, insurance coverage issues, social host liability issues, property law matters, employment law matters, relations with and compliance with requirements of municipal, provincial and federal government and other funding agencies.

20. Personal Injury/Medical Malpractice

Representation of claimants in personal injury and medical malpractice claims.



If you are in search of a problem solver to assist you with your problem, contact me directly.


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Direct: [416] 369-7823


181 University Avenue, Suite 2100
Toronto, Ontario
M5H 3M7

My practise is carried on within the offices of Dale & Lessmann LLP.