Bay Adelaide Centre - West Tower
333 Bay Street, Suite 3400
Toronto, ON M5H 2S7
Mark Dunn is a partner in the Litigation Group at Goodmans. He has acted as lead counsel to parties involved in complex, and often urgent, disputes before all levels of court in Ontario, the Supreme Court of Canada and arbitral tribunals.
Real estate litigation is a significant part of Mark's practice. He understands the legal principles that apply to, and the business realities of, real estate disputes, and has litigated joint venture, lease, mortgage enforcement and trust disputes, among others relating to real estate. He has also represented owners and contractors on a number of significant construction disputes.
Mark has also developed significant expertise in corporate and securities litigation, including litigation arising from disputed proxy contests, class proceedings relating to alleged misrepresentations and class proceedings commenced under the Competition Act. He has acted in significant cases relating to breaches of contract, shareholder disputes and corporate oppression. Mark also has experience with the quantification of large and complex damages claims.
Mark also carries on an active insolvency and restructuring practice, which includes acting for court-appointed officers, creditors and other stakeholders in litigation and restructuring proceedings. He appears regularly before the Commercial List in Toronto.
Mark also acts for victims of civil fraud, having led efforts to investigate, identify and prove fraud, freeze assets obtained by fraud and maximize recovery for affected victims. In addition to recovering assets, Mark has advised victims on how to prevent or address negative publicity and other collateral consequences of fraud.
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
Mark maintains an active pro bono practice and is involved with Law Help Ontario. He has also represented individuals and community organizations on a pro bono basis.
|Education|| Osgoode Hall Law School (LL.B., 2007)
University of Western Ontario (B.A., 2004)
Law Society of Ontario
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