Norton Rose Fulbright Canada LLP
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Mark Gallagher is a litigator accepting mandates throughout Ontario who primarily advises clients who are or anticipate being involved in business and civil disputes. His practice focuses on construction litigation, commercial litigation, actions involving claims of fraud and breach of trust, corporate and shareholder disputes, and bankruptcy litigation.
Mr. Gallagher regularly assists clients with negotiating, mediating, arbitrating and litigating construction disputes, including construction liens, trust claims, delay and impact claims, labour and material payment bond claims, negligence claims and other contract disputes. He also has experience preparing and negotiating various forms of construction contracts, and is intimately familiar with the ongoing industry changes affected by Ontario's new Construction Act.
Mr. Gallagher regularly appears before courts at all levels throughout Ontario.
- British Columbia 2006
- Ontario 2013
Mr. Gallagher has acted in the following matters:
- Obtained a contested receivership in favour of a secured creditor in relation to a business formerly purchased for approximately $12 million (Hanson v Estate of Stephan Maisonneuve, 2018 ONSC 6533, November 1, 2018)
- Obtained a worldwide mareva injunction on behalf of a national union against a former employee alleged to have misappropriated over $400,000. Summary judgment of $450,000 was ultimately obtained against the defendant. (Canadian Association of Professional Employees v Wensink, unreported, Court File No. CV-18-77360, O'Bonsawin J., August 17, 2018, June 20, 2019 (summary judgment))
- Successfully opposed an application for an order seeking injunctive relief in the form of a right to redeem on behalf of a purchaser of a multi-million dollar commercial property (2496582 Ontario Inc. v. Duca Financial Services, 2018 ONSC 3749, June 7, 2018)
- Appeared in the Court of Appeal for Ontario on behalf of a secured creditor to successfully oppose an appeal seeking the overturning of a lower court judgment denying another secured creditor the appointment of a receiver (Robert Hanson et al. v Stephan Maisonneuve et al., Court of Appeal File: C64431, April 26, 2018 (Van Rensburg, Pardo and Paciocco JJA))
- Successfully opposed all but approximately $100,000 of a construction claim for summary judgment exceeding $1 million including interest (Interpaving Limited v Cy Rheault Construction Ltd. 2018 ONSC 2640, April 23, 2018)
- "Virtual hearings in construction dispute: A ray of sunshine through the pandemic," Construction Comment, the official publication of the Ottawa Construction Association, May 2021 issue.
- "'Essential' or 'non-essential,' tips for getting paid," Electrical Business Magazine, May 2020 issue.
- Looking Forward: Your new normal, COVID-19 and lien periods/limitation periods, Link2Build, March 27, 2020.
- Looking Forward: COVID-19 and tolling agreements, Link2Build, March 24, 2020.
- Looking Forward: Your new normal, COVID-19 and bidding, Link2Build, March 19, 2020.
- "A closer look at adjudication under the new Construction Act," Construction Comment, the official publication of the Ottawa Construction Association, April 2019 issue.
- "Ontario New Construction Act," Norton Rose Fulbright client seminar, Ottawa, September 11, 2019
- "Written and Oral Advocacy," guest lecture, University of Ottawa Faculty of Law Trial, February 27, 2018; March 6, 2019
- "Ontario New Construction Act: A Game Changer You Need to Know About," Norton Rose Fulbright Canada LLP client seminar, February 22, 2018
- Canadian Bar Association
- Ontario Bar Association
- Law Society of Upper Canada
- County of Carleton Law Association
- Forensic Accounting Fraud Investigation Program Advisory Committee (Algonquin College)
- Ottawa Construction Association
- Ottawa Young Professionals in Construction