Michael B. Morgan,

Mike’s main area of focus is commercial litigation with an emphasis on construction disputes including, in particular, builder's liens, as well as commercial and residential real estate disputes. In addition, he also has significant experience in landlord and tenant disputes, realizations and the enforcement of foreign judgments. He has appeared at all levels of superior courts within the Province of BC and Yukon Territory. Mike also has advised various stakeholders, including secured and unsecured creditors, debtors and trustees in bankruptcy, as to their rights, remedies and obligations in respect of commercial insolvencies. Mike also has experience in prosecuting and defending shareholder disputes, including oppression claims. 

Mike is a regular contributor to Lawson Lundell’s Commercial Litigation and Dispute Resolution Blog, a resource that examines current trends and interesting issues emerging in the legal and business communities.

• Canadian Bar Association Insolvency Law and Construction Law Sections, Member
• Greater Vancouver Insolvency Discussion Group, Member
• Construction Lawyers Society of America, Fellow

• Coach - Sir Charles Tupper Secondary School Basketball (2017 - present)
• University of Alberta Law School - Dean's Advisory Committee (2015 - present)
• Coach - Vancouver Community Baseball (2016 - 2018)
• Board Member - Little Mountain Baseball (2010 - 2018)
• President - Little Mountain Baseball (Little League) (2015 - 2017)
• Coach – Little Mountain Baseball (2005 – 2017)
• Coach - various L'Ecole Bilingue Elementary School basketball teams (2011 - 2016)
• TWU Richmond Advisory Committee (2008 - 2015)
• Out of the Cold Homeless Shelter – Volunteer (2004 – 2011)

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

• Best Lawyers in Canada 2020-2023: recognised in Construction Law
• Benchmark Canada: The Guide to Canada’s Leading Litigation Firms and Attorneys, 2022-2023: recognised as a Litigation Star
• 2011 Lexpert Zenith Award: recognised for Corporate and Law Firm Social Responsibility for his contributions to Family Services of Greater Vancouver

Construction Disputes

• Acted for owners of recreational property which was negligently designed and built.  The roof leaked in several areas and a large retaining wall running the length of the driveway on the property had failed and therefore had to be torn down in its entirety and replaced at considerable expense.  The owners commenced action against the designer and builder of the home.  After a lengthy summary trial in the court below, which involved many expert reports and which established the amount of damages, the Court of Appeal eventually found in favour of the owners and held that the designer and builder were liable for all such damages:  Globalnet Management Solutions Inc. v. Cornerstone CBS Building Solutions Ltd. and Linwood Homes Ltd., 2018 BCCA 303
• Acted for a major lender to a large construction project in Metro Vancouver who was sued by a contractor pursuant to an alleged contract and who also alleged various misrepresentations were made to it by the lender and one of its principals.  The claims were all dismissed after a very lengthy summary trial: Anderson Creek Site Developing Ltd. v. Brovender, 2015 BCSC 2092
• Acted for several owners of multi-million dollar “run-of-river” power projects in connection with various construction claims and disputes
• Acted for several owners of various mining projects located throughout BC, Ontario and Yukon, in defending various construction claims and disputes
• Acted for both owners and tenants in connection with construction delay claims and budget overruns
• Acted for and against major BC forest companies in defending and prosecuting builder’s lien claims:
• As an example, Mike acted for a contractor who asserted lien rights in respect of the dismantling and removal of a significant and substantial paper machine from a mill: West Fraser Mills Ltd. v. BKB Construction Inc., 2012 BCCA 89
• Acted for a large Western-based roofing company in connection with enforcing its builder’s liens rights in BC and Alberta, and advising of its rights and remedies in relation to various bankrupt customers

Commercial Real Estate and Development Disputes

• Acted for numerous investors in a variety of real estate development projects, including:
• successfully acted for an investor in a mixed use development project whose claims for restitution were allowed by the court following a lengthy trial: Pacific Wagondepot Ltd. v. Hudson West Developments Ltd., 2017 BCSC 1593 
• successfully acted for an investor in a development project who was promised, but not provided, security for the investment and the court therefore awarded restitutionary damages as a result: Smith v. Landstar Properties Inc.,2011 BCCA 44
• acted for a shareholder of a development company who asserted that funds were diverted from the company: 0757376 BC Ltd. (Re), 2011 BCSC 1268
• successfully acted for several parties who had invested in a vineyard which was to be purchased and developed and asserted the developer had misappropriated substantial funds: D. Bacon Holdings Ltd. v. Naramata Vines Inc., 2011 BCCA 22, 2010 BCCA 427, 2010 BCCA 613
• Acted for both owners and tenants in connection with disputed options to renew leases and options to purchase real property:
• acted for Chevron who owned leased property which also was subject to a right of first refusal.  A dispute arose as to whom Chevron was entitled to sell the property and the court accepted Chevron's submissions on the proper interpretation of the option: North Eastern Enterprises Ltd. v. Chevron Canada Limited, 2016 BCSC 1954
• Mike acted for the Province in a complex option to purchase case involving the sale of two office towers in Victoria: British Columbia Minister of Technology Innovation and Citizens’ Services) v. Columbus Real Estate Inc., 2016 BCCA 283 and 2017 BCSC 1518
• Acted for both purchasers and vendors in connection with numerous collapsed real estate transactions (commercial and residential)
• Acted for commercial landlords and tenants with respect to their rights and remedies in connection with commercial lease disputes, including insolvencies:
• successfully acted for a commercial landlord in the pursuit of a defaulting tenant: Caromar Sales Ltd. v. Shura Real Estate Development Company Limited, 2011 BCSC 1088

 Commercial Insolvencies and Realizations 

• Acted for trustees in bankruptcy in realizing upon real property and other assets belonging to bankrupts
• Acted for pension and benefit plan trustees in enforcing their rights against delinquent and insolvent employers as well as employees:
• successfully acted for a long term disability plan in pursuing a termination assessment against a participating employer: Trustees of the IWA - Forest Industry LTD Plan v. Ainsworth Engineered Canada Limited Partnership, 2013 BCSC 41
• successfully acted for the Healthcare Benefit Trust in asserting that its reimbursement claims survived the bankruptcy of a member: Armstrong v. Lang, 2011 BCCA 205
• 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 Actand who also commenced legal action against the same creditor. The debtor’s claims were all dismissed following a lengthy trial: Galaxy Sports Inc. v. Umbro Holdings Limited et al, 2005 BCSC 278)
• Acted for an Alberta corporation in relation to the seizure of substantially all its assets in BC by a  BC company

Commercial Litigation

• Acted for a director and company with respect to claims by a disgruntled shareholder: 1043325 Ontario Ltd. v. CSA Building Sciences Western Ltd., 2016 BCCA 258
• Advised plaintiffs and defendants with respect to the attempted registration and enforcement, in BC and Yukon, of judgments and claims from Ontario, Quebec, and other foreign jurisdictions such as the Netherlands and Russia: Environmental Packaging Technologies, Ltd. v. Rudjuk, 2012 BCCA 342