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Michael D. Mysak

Partner

Partner |

T: 403.298.8143

Calgary

Mysak Michael
 
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events
  • Related Services

T: 403.298.8143


Calgary

  • 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

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, 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

Announcements

40 Bennett Jones Lawyers in Lexpert's Special Edition on Litigation

November 27, 2020
       

Announcements

Bennett Jones is Recognized in Chambers Canada 2021

September 10, 2020
       

Announcements

Bennett Jones is Top-Tier in The Legal 500

November 18, 2019
       

Articles

Commercial Litigation and Arbitration Review: Fraud and Knowing Assistance

November 01, 2019
       

Announcements

Bennett Jones' Leading Lawyers in Chambers Canada 2020

September 19, 2019
       
2019
Jan
23
       

Event

Annual Securities Law Forum 2019

Blog

Fraud and Knowing Assistance—Between the Innocents

January 07, 2019
       

Blog

SCC Renders Judgment on Cooperative National Securities Regulator

November 12, 2018
       

Blog

Don’t Short the Truth

October 24, 2018
       

Blog

Norwich Relief—SCC Provides Guidance on Pre-Trial Disclosure Orders

September 14, 2018
       

Blog

Alberta Securities Commission Allows No-Contest Settlement Agreements

May 15, 2018
       

Blog

The Good, the Bad and the Ugly: Candour in Ex Parte Applications

October 25, 2017
       

Blog

The Alberta Securities Commission’s Credit for Exemplary Cooperation Program

October 19, 2017
       

Blog

Alberta Government to Strengthen Powers Related to Securities Investigations

May 16, 2017
       

Blog

Supreme Court of Canada Denies Jury Trials for Securities Act Offences

February 28, 2017
       

Blog

Court of Appeal of Alberta Allows Sharing Self-Incriminating Evidence Given in Securities Proceedings with Foreign Authorities

January 26, 2016
       

Related Services

Commercial Litigation
Constitutional Law
Fraud Law
Securities Litigation
Accountant Liability Litigation
Shareholder Activism & Critical Situations

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