Mark Dunn

Mark’s representative work includes acting as:

• lead litigation counsel for the court-appointed manager-receiver in more than 200 court appearances before the Commercial List, Ontario Court of Appeal and Supreme Court of Canada in a complex multi-year case involving allegations of fraud against the former operators of a real-estate development portfolio and the court-supervised sale of 28 commercial and industrial properties with an aggregate value close to $200 million
• lead counsel to one of the owners of a proposed $100 million real estate development project in litigation and arbitration against the other owner, including a successful effort to obtain an urgent Order requiring specific performance of a Purchase Agreement so that the development could proceed and a successful claim for damages caused by the breach of the joint venture agreement.
• co-counsel to a public company in successful litigation against a dissident shareholder group in the context of a contentious proxy contest.
• lead counsel to creditors that advanced more than $20 million to a business in connection with complex recovery efforts involving insolvency proceedings and claims against the former officers and directors of the business; obtained summary judgment against the officers and directors in connection with certain debts owed by the company (upheld on appeal) and a trial judgment requiring the transfer of certain real estate from the officers and directors to the corporation
• lead counsel to the successful claimant in a multi-million dollar arbitration relating to a Share Purchase Agreement and subsequent enforcement proceedings
• lead counsel to the successful applicant in oppression proceedings relating to the conduct of litigation carried on in the name of a corporation
• lead counsel to an industry leading business in connection with the investigation of, and successful arbitration and litigation relating to, a major fraud perpetrated by a contractor
• lead counsel to one of the partners in a major real estate development enterprise in litigation, arbitrations and negotiations relating to the dissolution of the enterprise
• counsel to the deposit insurer in connection with the largest credit union liquidation in the history of Ontario, including acting on several successful collection actions against former members and actions for fraud, breach of fiduciary duty and negligence against former officers, directors and outside consultants