Mark is Co-Leader of the firm's Litigation & Dispute Resolution Group and a member of the Financial Services Group. Mark is a dedicated advisor and fierce advocate who ensures that conflicts are dealt with effectively and economically for his clients. His reputation as a leading Canadian litigator has led to numerous accolades by several national guides to the legal profession, including Lexpert Rising Stars: Leading Lawyers 40 & Under, Benchmark Litigation (40 & Under List, Litigation Future Star), The Canadian Legal Lexpert Directory (Repeatedly Recommended Leading Lawyer – Corporate and Commercial Litigation) and Thomson Reuters Stand-Out Lawyers.
Mark’s clients span a diverse range of industries and include public, private, and not-for-profit corporations, financial institutions, court-appointed receivers, as court-appointed representative counsel to investor groups, directors and officers, shareholders and sole proprietors.
Whether through litigation or negotiation, Mark will do whatever it takes to deliver the best possible solutions, in the time frames required by his clients to best meet their needs and objectives. Mark provides comprehensive support to guide his clients to satisfactory outcomes when disputes arise, and to best position his clients for litigation where resolutions cannot be achieved at an early stage.
Mark has extensive experience litigating corporate and commercial disputes, often involving contract, fraud and other torts, negligence and allegations of oppression. Mark has served in the capacity as court-appointed Representative Counsel for a body of unit holders in receivership proceedings commenced under the Ontario Securities Act, as well as for the court-appointed Receiver in receivership proceedings commenced under the Ontario Securities Act. Over the years, Mark has also developed a niche for obtaining urgent injunctive relief from the Ontario Superior Court of Justice on behalf of his clients, often in cases involving fraud, and in other circumstances where his clients require immediate relief from the court. This can include enforcing the terms of an existing contractual arrangement, to prevent a cessation of services by the defendant which would cause irreparable harm to a client’s business, or freezing the assets and accounts of defendants who are alleged to have been the beneficiaries of misappropriated funds. Mark also has experience acting as the Independent Supervising Solicitor with respect to the execution of an Anton Pillar Order.
In addition to his extensive litigation practice, Mark has also successfully represented University students in academic appeals and disciplinary proceedings under University policies in Ontario.
As part of his litigation practice, Mark regularly attends to argue motions before the Ontario Superior Court of Justice (Civil and Commercial List Courts). Mark has conducted trials at the Ontario Superior Court of Justice, appeals at the Ontario Court of Appeal, and has prepared leave to appeal applications to the Supreme Court of Canada. Mark is a regular participant in mediations and also has experience successfully litigating disputes through private arbitration.
In addition to his role as Co-Practice Group Leader of the Litigation Group, Mark has served as a firm-appointed mentor to summer and articling students who aspire to practise in the area of corporate and commercial litigation, as well as to associate lawyers in the firm’s Litigation Group. Mark is also a former longstanding member of Aird & Berlis LLP’s Student Recruitment Committee.
Professional Involvement
Special Designations
- Fraser Milner Casgrain LLP Prize, Property I – University of Ottawa Faculty of Law, 2007
- Chancellor's Prize in Social Science Bachelor Program (Gold Medalist in the Three Year Social Science Bachelor Program), University of Western Ontario, 2006
Memberships
Community Involvement
- Volunteer Moot Court Judge – Lloyd Dean Moot, hosted by the Black Law Students’ Association at the University of Windsor Faculty of Law (2021, 2022 and 2023)
- Aird & Berlis LLP United Way Campaign Committee (2015-2018)
- Lawyer Participant, National Expert Witness Academy (2012). The National Expert Witness Academy Program is put on by The Advocates’ Society to educate experts about their role as witnesses, and to enhance their report writing and testifying skills.
Co-Author, "Creditors Rejoice: Ontario Court of Appeal Confirms Summary Judgment Is ‘Tailor-Made’ to Enforce Liquidated Claims," Aird & Berlis LLP Litigation Bulletin, May 7, 2024.
Co-Author, "Recent Developments in Canadian Crypto-Litigation Orders Provide Cause for Concern," Aird & Berlis LLP Litigation Bulletin, August 2, 2023.
Co-Author, "What's Fair When Terminating a Commercial Lease? The Court of Appeal's Diverging Views in Bennett Law Chambers Professional Corporation v. Camcentre Holdings Inc., 2022 ONCA 658," Aird & Berlis LLP Litigation Bulletin, September 27, 2022.
Co-Author, "Estoppel by Convention: The Ontario Court of Appeal’s Latest Take on a Relatively Rare Form of Estoppel and the Implications for Contracting Parties," Aird & Berlis LLP Litigation Bulletin, August 31, 2020.
Co-Author, "Shareholder Claims for a Diminution of Share Value: The Ontario Court of Appeal Revisits the Limits of the Rule in Foss v. Harbottle," Aird & Berlis LLP Litigation Bulletin, July 24, 2020.
Co-Author, "The Impact of COVID-19 on Contractual Performance," Aird & Berlis LLP Litigation Bulletin, March 20, 2020.
Co-Author, "Increases Are Coming to the Monetary Jurisdictions of the Small Claims Court and for Rule 76 Simplified Procedure Actions Effective January 1, 2020," Aird & Berlis LLP Litigation Bulletin, October 28, 2019.
Co-Author, "A Mareva Injunction Refresher: Can a Strong Prima Facie Case of Fraud Alone Support an Inference of Asset Dissipation and/or Disposal Risk?" Aird & Berlis LLP Litigation Bulletin, October 9, 2019.
Co-Author, "When Can a CCAA Monitor Bring an Oppression Claim Against a Stakeholder?" Aird & Berlis LLP, February 1, 2018.