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Michael D. Mysak

Partner

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T: 403.298.8143

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Calgary

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Mysak Michael
 
  • Recent Experience
  • Recent Recognition
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T: 403.298.8143


Email

Calgary

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  • Education
  • Bar Admissions
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events
  • Related Services
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events
  • Related Services

Acting for a variety of clients including public and private corporations, financial institutions, groups of defrauded investors and retail brokerage clients, Michael Mysak has a corporate/commercial litigation practice with an emphasis on securities litigation, shareholder disputes and fraud litigation. He has successfully traced, frozen and recovered significant assets from both foreign and domestic defendants and has been involved in several precedent-setting decisions in the field of fraud recovery law in Alberta. Michael has also successfully pursued and defended various securities and shareholder disputes, including claims of improper financial disclosure, oppression remedy claims and derivative actions. Michael has been involved in several long and successful trials on a range of commercial matters.

Michael appears before all levels of court in Alberta, the Federal Court of Canada, the Alberta Securities Commission and several administrative tribunals.

Michael has instructed at the University of Calgary, Faculty of Law Trial Advocacy course as well as classes on civil law at Mount Royal University.

Michael is a former Chair and board member of Calgary Legal Guidance and is a former board member of the Canadian Club of Calgary and the Calgary Blockwatch Council.

Michael is ranked by Chambers Canada, ranked as "Repeatedly Recommended in Litigation: Corporate-Commercial" by Lexpert, recognized as a "Litigation Star" by Benchmark Magazine, listed as a "Next Generation Lawyer" by the Legal 500 Canada and was one of Canada's "Leading Lawyers under 40" in the 2014 edition of Lexpert's annual Rising Stars awards.

Education

University of Saskatchewan, BA, 1999 University of Saskatchewan, LLB, 2000 

Bar Admissions

Alberta, 2001

Recent Experience

NEP Canada ULC, as plaintiff's counsel, in a successful $185-million judgement, after a three-and-a-half month trial, for fraud and breach of contract arising from misrepresentations made by the vendor in selling infrastructure assets—a judgment that included one of the largest loss of opportunity awards ever made in Alberta (NEP Canada ULC v MEC OP LLC et al, 2021 ABQB 180).
The Plaintiffs in an action for fraud, conversion, breach of trust and solicitor’s negligence arising from the misappropriation of over $1.7 MM by the former CFO; after a month long trial, judgment was successfully obtained against all defendants including the former officer, his wife (to whom much of the benefit of the misappropriated funds flowed) and a lawyer who had acted on one of the transactions at issue.  Metalworks Canada Ltd v Warrack et al, 2018 ABQB 443
A defendant in a conspiracy-to-defame action arising from a candidate's failed bid for office in the 2008 provincial election, successfully having his client removed from the action on a summary judgment application. Kent v Martin et al, 2013 ABQB 436
The special committee of a publicly traded gold and silver investment company in responding to claims of shareholder oppression brought by a competitor. 1891868 Alberta Ltd. v Central Fund of Canada Limited, 2015 ABCA 331
A judgment creditor in obtaining a Mareva Injunction and then judgment at trial arising from the judgment debtor's fraudulent conveyance of its assets, including an award for $100,000 in punitive damages. 1007374 Alberta Ltd v Ruggieri, 2015 ABCA 205, 1007374 Alberta Ltd v Ruggieri, 2014 ABQB 641, 1007374 Alberta Ltd v Ruggieri, 2013 ABQB 420, 1007374 Alberta Ltd v Ruggieri, 2013 ABQB 278
A financial institution in respect of a mortgage fraud recovery action against over 300 defendants. BMO v Cochrane, 2012 ABQB 297; 2012 ABCA 112; 2011 ABQB 386; 2010 ABQB 578
A contractor in resisting an application for an interlocutory injunction premised, among other things, upon a non-competition agreement. Altam Holdings Ltd v Lazette, 2009 ABQB 458; 2009 ABQB 521
A private golf and country club, obtaining an order for certiorari, quashing a Municipal Government Board order and enforcing an Annexation Order with associated declaratory relief. 2006 ABQB 312
Acted for a group of investors in obtaining an Order freezing the worldwide assets of Defendants with business in Europe and Africa and preventing a Defendant from leaving the jurisdiction until information necessary to trace and seize the assets was provided. The claim arose out of an investment scheme involving the purchase of ATMs. Boczkiewicz v Creative Capital Connection Inc, 2006 ABQB732
Proprietary Industries Inc., in connection with an action against the company's former president and former CEO for, among other things, allegedly misstating the corporations financial statements to inflate the company's financial position and diverting several million dollars to offshore corporations. Proprietary Industries Inc v Workum, 2006 ABCA 225
A large group of investors in an alleged Ponzi-type ticket brokering scheme, including the obtaining of orders for pre-judgment locating and freezing of assets and other extraordinary relief.  2009 ABQB 394, 2009 ABCA 141, 2008 ABQB 216, 2008 ABQB 550

Recent Recognition

Chambers Canada
Ranked, Litigation: General Commercial – Alberta
The Legal 500 Canada
Next Generation Lawyer - Dispute Resolution
The Canadian Legal Lexpert Directory
Repeatedly Recommended, Litigation - Corporate Commercial
Benchmark Litigation Canada
Recognized as a Litigation Star
Lexpert Guide to the Leading U.S./Canada Cross-border Litigation Lawyers in Canada
Recognized as a lawyer to watch in the area of Litigation
Lexperts Rising Stars Leading Lawyers Under 40
Recognized as one of Canada's leading 40 lawyers under 40

Insights, News & Events

2023
Jan
24
       

Event

2023 Securities Law Forum

Announcements

Bennett Jones Shines In Legal 500 Canada Rankings

November 09, 2022
       

Blog

Is It Getting Harder to Get a Worldwide Freezing Injunction In Alberta?

September 23, 2022
       

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