Mark van Zandvoort
- Bio
- Awards & Recognition
- Professional Involvement
- Representative Matters
- Insights
- Education
Mark is a dedicated advisor and fierce advocate who ensures
that conflicts are dealt with effectively and economically for his clients. His
reputation as a leading Canadian litigator has led to numerous accolades by
several national guides to the legal profession, including The Canadian
Legal Lexpert Directory (Leading Lawyer to Watch in the area of Corporate
and Commercial Litigation), Benchmark Litigation (40 & Under List, Litigation
Future Star) and Thomson Reuters Stand-Out Lawyers.
Mark is a member of the firm's Litigation and Financial
Services Groups, practising a broad range of corporate, commercial and
financial services litigation. Mark’s clients have included public, private,
and not-for-profit corporations, partnerships and joint ventures, financial
institutions, court-appointed receivers, charitable organizations, directors
and officers, shareholders, sole proprietors, and individuals and small and
large businesses across a wide array of industries.
Whether through litigation or negotiation, Mark will do
whatever it takes to deliver the best possible solutions, in the time frames
required by his clients to best meet their needs and objectives. Mark provides
comprehensive support to guide his clients to satisfactory outcomes when
disputes arise, and to best position his clients for litigation where
resolutions cannot be achieved at an early stage.
Mark has extensive experience litigating corporate and
commercial disputes, often involving contract, fraud and other torts,
negligence and allegations of oppression. Mark has served in the capacity
as court-appointed Representative Counsel for a body of unit holders in
receivership proceedings commenced under the Ontario Securities Act,
as well as for the court-appointed Receiver in receivership proceedings
commenced under the Ontario Securities Act. Over the years,
Mark has also developed a niche for obtaining urgent injunctive relief from the
Ontario Superior Court of Justice on behalf of his clients, often in cases
involving fraud, and in other circumstances where his clients require immediate
relief from the court. This can include enforcing the terms of an existing
contractual arrangement, to prevent a cessation of services by the defendant
which would cause irreparable harm to a client’s business, or freezing the
assets and accounts of defendants who are alleged to have been the
beneficiaries of misappropriated funds. Mark also has experience acting
as the Independent Supervising Solicitor with respect to the execution of an
Anton Pillar Order.
In addition to his extensive litigation practice, Mark has
also successfully represented University students in academic appeals and
disciplinary proceedings under University policies in Ontario.
As part of his litigation practice, Mark regularly attends to
argue motions before the Ontario Superior Court of Justice (Civil and
Commercial List Courts). Mark has conducted trials at the Ontario Superior
Court of Justice, appeals at the Ontario Court of Appeal, and has prepared
leave to appeal applications to the Supreme Court of Canada. Mark is a regular
participant in private and court-mandated mediations, and also has experience
successfully litigating disputes through private arbitration.
Throughout his career, Mark has served as a firm-appointed
mentor to summer and articling students who aspire to practise in the area of
corporate and commercial litigation, as well as to associate lawyers in the
firm’s Litigation Group. Mark is a longstanding member of the firm’s Student
Recruitment Committee.
Awards & Recognition
- Included in Benchmark Litigation's 40 & Under List, 2023
- Recognized by Benchmark Litigation Canada as a Litigation Future Star, 2023
- Recognized in The Canadian Legal Lexpert Directory as a Leading Lawyer to Watch in the area of Corporate and Commercial Litigation
- Recognized in Lexpert's Special Edition: Litigation as a Lawyer to Watch, 2023
- Thomson Reuters Stand-Out Lawyer – Independently Rated Lawyers, 2022, 2023 and 2024
- Finalist, Lexpert Rising Stars: Leading Lawyers Under 40 Awards, 2022
Professional Involvement
Special Designations
- Fraser Milner Casgrain LLP Prize, Property I – University of Ottawa Faculty of Law, 2007
- Chancellor's Prize in Social Science Bachelor Program (Gold Medalist in the Three Year Social Science Bachelor Program), University of Western Ontario, 2006
Memberships
Community Involvement
- Volunteer Moot Court Judge – Lloyd Dean Moot, hosted by the Black Law Students’ Association at the University of Windsor Faculty of Law (2021, 2022 and 2023)
- Aird & Berlis LLP United Way Campaign Committee (2015-2018)
- Lawyer Participant, National Expert Witness Academy (2012). The National Expert Witness Academy Program is put on by The Advocates’ Society to educate experts about their role as witnesses, and to enhance their report writing and testifying skills.
Representative Matters
Court Appointed Representative Counsel to the Noteholders in The Matter of the Receivership of The Lion’s Share Group Inc. (CV-24-00717669-00CL)
Represented Linamar Corporation in its acquisition of Bourgault Industries Ltd., a leading agricultural equipment manufacturer, for $640 million. In conjunction with the Bourgault transaction closing, Linamar also finalized a new $700-million term loan agreement.
Represented Linamar Corporation on its acquisition of lands in Welland, Ontario, which will be used to develop a state-of-the-art Giga casting facility to produce structural parts for electrified vehicles.
Successfully represented The Toronto-Dominion Bank in securing summary judgment against a borrower, and corporate and personal guarantors, in The Toronto-Dominion Bank v. 2275518 Ontario Inc., 2023 ONSC 1050 (CanLII).
Representative Counsel to the Redemption Claimants in Ontario Securities Commission v. Bridging Finance Inc.
Represented Linamar Corporation (TSX: LNR) in connection with its acquisition of the Salford group of companies for an aggregate purchase price of $260 million.
Represented Grant Thornton Limited in its capacity as the Court-Appointed Receiver and Manager of the Crystal Wealth Group, including a Portfolio Manager and 15 open-ended mutual fund trusts, following the Receiver’s appointment upon a Securities Act application brought by the Ontario Securities Commission.
Select Recent Reported Cases
- Ontario Securities Commission v. Bridging Finance Inc., 2023 ONCA 769 (CanLII)
- Bron Media Corp. (Re), 2023 BCSC 2109 (CanLII)
- Ontario Securities Commission v. Bridging Finance Inc., 2023 ONSC 715 (CanLII)
- The Toronto-Dominion Bank v. 2275518 Ontario Inc., 2023 ONSC 1050 (CanLII)
- 2832402 Ontario Inc. v. 2853463 Ontario Inc., 2022 ONSC 2694 (CanLII)
- Charlesfort Developments Limited v. Ottawa (City), 2021 ONCA 542 (CanLII)
- Charlesfort Developments Ltd. v. Ottawa (City of), 2019 ONSC 4460
- Saskin (Re), 2018 ONSC 550 (Commercial List)
- Urbancorp Cumberland 2 GP Inc. (Re), 2017 ONSC 7649 (Commercial List)
- Ontario (Securities Commission) v. Crystal Wealth Management System Ltd., 2017 ONSC 4160 (Commercial List)
- National Squash Academy Inc. v. Park Downsview Park Inc., 2016 ONSC 1048
- Royal Bank of Canada v. Biddell et al., 2015 ONSC 6535
- 720441 Ontario Inc. v. Boiler, 2015 ONSC 4841; see also 2015 ONSC 164; see also 2014 ONSC 7385
- XCG Consultants Inc. v. ABB Inc., 2014 ONSC 1111; see also 2013 ONSC 7035
- Toronto Dominion Bank v. Perpetual Income Producing Enterprises Inc., 2013 ONSC 6598
- 2198707 Ontario Inc. v. 2259329 Ontario Inc., 2013 ONSC 5539
- Priszm Income Fund (Re), 2012 ONSC 6144 (Commercial List)
- Canpaco Inc. v. Chantler Packaging Inc., [2011] O.J. No. 2647
Insights
Education
- LLB, University of Ottawa, 2009
- BA (with distinction), University of Western Ontario, 2006