Michael B. Morgan

Mike’s main areas of focus are civil litigation with an emphasis on bankruptcy and insolvency, builder’s liens and other construction disputes, pension and employee benefits litigation, and commercial landlord and tenant disputes. In addition, he also has experience in realizations, enforcement of foreign judgments, commercial and residential foreclosures, and receiverships. He has appeared at all levels of court within the Province of B.C. Mike also routinely advises various stakeholders, including secured and unsecured creditors, debtors and trustees in bankruptcy, as to their rights, remedies and obligations in respect of both commercial and personal insolvencies.

Recognition and Ranking

• 2011 Lexpert Zenith Award: recognized for Corporate and Law Firm Social Responsibility for his contributions to Family Services of Greater Vancouver

Professional Activities

• Canadian Bar Association Insolvency Law and Construction Law Sections, Member
• Greater Vancouver Insolvency Discussion Group, Member
• Western Canada Business Litigation Blog, Contributor

Community Activities

• Young Insolvency Professionals of British Columbia and Alberta (2006 - present)
• Coach – Little Mountain Baseball (Little League) (2005 – present)
• Out of the Cold Homeless Shelter – Volunteer (2004 – present)
• Western Canada Access to Justice Society – Pro bono legal advice (2004 - present)
• Director – Lazarus Community Society – a non-profit community housing provider (2004 – present)

Bar Admissions

• British Columbia (1999)
• Yukon (2010)

Education

• Trinity Western University (B.A., 1993)
• University of Alberta (LL.B., 1998)

Personal Interests

Mike enjoys travelling, playing a variety of sports including golf and basketball, and spending time with his wife and three boys.

Recent Judgments:

Trustees of the IWA - Forest Industry LTD Plan v. Ainsworth Engineered Canada Limited Partnership, 2013 BCSC 41

Environmental Packaging Technologies, Ltd. v. Rudjuk, 2012 BCCA 342

1043325 Ontario Ltd. v. CSA Building Sciences Western Ltd., 2012 BCSC 1058

Re Ted Leroy Trucking Ltd., 2012 BCSC 178

West Fraser Mills Ltd. v. BKB Construction Inc., 2012 BCCA 89

Caromar Sales Ltd. v. Shura Real Estate Development Company Limited, 2011 BCSC 1088

Smith v. Landstar Properties Inc., 2011 BCCA 44

Armstrong v. Lang,  2011 BCCA 205

0757376 B.C. Ltd. (Re),  2011 BCSC 1268

D. Bacon Holdings Ltd. v. Naramata Vines Inc.,  2011 BCCA 22 

D. Bacon Holdings Ltd. v. Naramata Vines Inc.,  2010 BCCA 427

D. Bacon Holdings Ltd. v. Naramata Vines Inc.,  2010 BCCA 613

Farm Credit Canada v. Naramata Vines Inc.,  2010 BCSC 1317

Mike has:

• Acted for commercial landlords and tenants with respect to their rights and remedies in connection with commercial lease disputes
• Acted for trustees in bankruptcy in realizing upon real property and other assets belonging to individual bankrupts
• Acted for pension and benefit plan trustees in enforcing their rights against delinquent and insolvent employers as well as employees
• Acted for a major secured lender in enforcing its rights against a bankrupt boat dealership
• Acted for a major creditor of an insolvent debtor who filed for creditor protection pursuant to the Bankruptcy and Insolvency Act and who also commenced legal action against the same creditor. The debtor’s claims were dismissed following a lengthy trial
• Advised a secured creditor with respect to its rights and remedies in relation to a debtor who filed for creditor protection pursuant to the Companies Creditors Arrangement Act
• Acted for a major B.C. forest products company in defending builder’s lien claims
• Advised a large Western-based roofing company in connection with enforcing its builder’s liens rights and advising of its rights and remedies in relation to a bankrupt customer
• Acted for an Alberta corporation in relation to the seizure of substantially all its assets in B.C. by a B.C. company
• Advised a Trustee in Bankruptcy with respect to the ranking of secured creditors over assets located in B.C. of a bankrupt company carrying on business across Canada
• Advised creditors with respect to the registration and enforcement of judgments obtained in Ontario, Quebec, and other foreign jurisdictions, in B.C.
• Acted for a landlord in defending builder’s lien claims filed by an insolvent tenant’s contractor
• Advised a landlord of its rights and remedies against an insolvent tenant