Overview
Irving Marks and Dominique Michaud represent the Bank of Montreal (BMO) defending an action brought by a recreational soccer player who was seriously injured in a game. The plaintiff claimed that as a member of the Ontario Soccer Association (OSA), an organization which BMO and others sponsor, he was owed a duty of care in negligence by BMO, as sponsor, to ensure that the OSA provided adequate accident insurance for such an occurrence. This alleged cause of action was novel and we were successful in having it struck out on a motion. The Appeal by the Plaintiff to the Court of Appeal was dismissed. The plaintiff's application for leave to appeal to the Supreme court of Canada was also dismissed.
Lawyers
Representative Work
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| Litigation and Dispute Resolution
INJUNCTIONS AND CPL MOTIONS
Defeated motions for Certificate of Pending Litigation and Mareva injunctions in high-stakes real estate disputes: 2235209 Ontario Inc. v. Sedona Lifestyles (Rometown) Inc., 2020 ONSC 4008. leave... -
| Litigation and Dispute Resolution
COURT OF APPEAL SUCCESS IN SHAREHOLDER DISPUTE
Resisted an appeal to uphold a favourable trial decision involving complex issues of corporate ownership and valuation: Hrvoic v. Hrvoic, 2023 ONCA 508 -
| Litigation and Dispute Resolution
RECORD-SETTING LIFTING OF PARTIAL STAY
Obtained $1.87 million partial lift of a stay pending appeal, believed to be the largest in Ontario history.Hrvoic v. Hrvoic, 2023 ONCA 27; upheld on review, 2023 ONCA 288