Michael D. Mysak

Acting for a variety of clients, including financial institutions, public and private corporations, groups of defrauded investors and retail brokerage clients, Michael Mysak has a corporate/commercial litigation practice with an emphasis on fraud litigation, securities litigation, and shareholder disputes. 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 appears before all levels of court in Alberta, the Federal Court of Canada, the Alberta Securities Commission and several administrative tribunals.

Michael is an instructor at the University of Calgary, Faculty of Law Trial Advocacy course and has taught classes on civil law at Mount Royal University.

Michael is a 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 recognized as one of Canada's "Leading Lawyers under 40" in the 2014 edition of Lexpert's annual Rising Stars awards.

Select Experience

• 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

Recent Publications

• Share Purchase Transactions, Solicitor-Client Privilege and Multiple Representations: A Cautionary Tale for Corporate Counsel
• The Need to Know Versus the Right to Intrude: A Caution on Fraud Investigation

Blog Posts

• Alberta Government to Strengthen Powers Related to Securities Investigations
• Supreme Court of Canada Denies Jury Trials for Securities Act Offences
• Court of Appeal of Alberta Allows Sharing Self-Incriminating Evidence Given in Securities Proceedings with Foreign Authorities

Recent Recognitions

• 2017, Legal Media Group Benchmark Litigation: Canada

  Michael D. Mysak, recognized as a litigation star in the areas of energy and natural resources, general commercial, securities, and white collar crime

• 2016, Legal Media Group Benchmark Litigation: Canada

  Michael D. Mysak, recognized as a future star in the area of litigation

• 2015, Lexpert Guide to the Leading U.S./Canada Cross-border Litigation Lawyers in Canada

  Michael D. Mysak, recognized as a lawyers to watch in the area of litigation

News & Speaking Engagements

• Fraud, Small Business and the Economic Downturn
• Corporate Fraud Detection, Remedy, and Prevention Techniques: How to Defend Your Company
• Two Bennett Jones Partners Are 'Rising Stars'