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Mark van Zandvoort

Partner Admitted to the Ontario Bar: 2010

Mark is a dedicated advisor and tireless advocate who ensures conflicts are dealt with effectively and economically for his clients. Whether through negotiation, mediation or litigation, he 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 through all aspects of the litigation and dispute resolution process.

Mark is a member of the firm's Litigation and Financial Services Groups, practising a broad range of civil litigation, primarily concerning disputes in the corporate, commercial and financial services sectors. Mark’s clients have included individuals, directors and officers, shareholders, corporations (including not-for-profit corporations), charitable organizations, financial institutions, court-appointed receivers, and small and large businesses, both privately and publicly owned, across a wide array of industries.

Mark has extensive experience litigating matters involving tort, contract, negligence, and allegations of oppression, including pursuant to the oppression remedy provisions of the Ontario Business Corporations Act and the Canada Not-for-Profit Corporations 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 civil litigation practice, Mark has also successfully conducted student academic appeals at the university level in Ontario.

As part of his litigation practice, Mark regularly attends to argue motions before the Ontario Superior Court of Justice (including the Commercial List Court). 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.  

For most of 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.

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

  • The Advocates' Society
  • Canadian Bar Association
  • Ontario Bar Association

Community Involvement

  • Volunteer Moot Court Judge – 2nd Annual Lloyd Dean Moot, hosted by the Black Law Students’ Association at the University of Windsor Faculty of Law (2021)
  • 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

Represented Charlesfort Developments Ltd. in a case against the City of Ottawa regarding a land use planning matter related to a new condominium development. Charlesfort was wholly successful in this proceeding and awarded nearly $4.5 million in damages and pre-judgment interest.

Represented a group of unsecured trade creditors defending an oppression remedy action brought by the Monitor in connection within the CCAA proceedings of Urbancorp (Cumberland) GP 2 Inc., et al.

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

  • 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

Education

  • LLB, University of Ottawa, 2009
  • BA (with distinction), University of Western Ontario, 2006