Megan Mackey

Megan is an associate in the Commercial Litigation Group in Toronto. Her practice is primarily focused on commercial disputes and condominium litigation, including enforcement matters in the Superior Court and through mediation/arbitration, amendments to condominium documents, construction litigation matters, and lien enforcement. In her commercial practise Megan assists clients involved in partnership disputes, contract disputes, and real estate litigation. Megan has also developed expertise in the area of commercial insurance, providing coverage advice and acting for clients in professional liability matters. Megan has worked with senior counsel both at trial and assisting in preparations for trial that included preparation of argument, legal research, document organization, and pleadings.

She enjoys appellate work, and appears regularly in the Superior Court. She is experienced in conducting a trial and in arguing issues, examining witnesses and making closing submissions. She was junior counsel, assisting at the Ipperwash Inquiry, preparing examinations and cross-examinations as well as drafting closing arguments.

She was junior counsel acting for a condominium corporation in a large construction deficiency trial. She represented a condominium corporation client in defending a novel summary judgment motion based on the running of the limitation period. In the Court of Appeal, she has argued on behalf of a developer client against a unit purchaser, arguing that a condominium corporation has exclusive rights to sue in respect of the common elements. She has acted as counsel on behalf of condominium clients in several contract related disputes.

Her work with real estate developers and condominium corporations has also involved representing them in both mediations and arbitrations.

Representative Work

· 1420041 Ontario Inc. v. 1 King West Inc., 2012 ONCA 249 (CanLII)

· Metropolitan Toronto Condominium Corporation No. 879 v. Mereshensky, 2012 ONCA 73

· Metropolitan Toronto Condominium Corporation #1250 v. Mastercraft Group Inc., 2007 CanLII 27027 (ON SC)

· Print N' Promotion (Canada) Ltd. v. Kovachis, 2011 ONCA 204

· Pecore v. Pecore, [2007] 1 S.C.R. 795

· Wicks Estate v. Harnett, [2007] O.J. No. 2120

· Attallah v. Bhardwaj, [2006] O.J. No. 5076

· All Saints Greek Orthodox Church v. Canada (Minister of National Revenue), [2006] F.C.J. No. 481

· Toronto Economic Development Corporation v. Ontario (Information and Privacy Commissioner), 2006 CanLII 38877

Memberships

· Member, Law Society of Upper Canada

· Member, Law Society of British Columbia

· Member, The Advocates' Society

· Member, Ontario Bar Association

· Member, Canadian Bar Association

Publications

· Construction Deficiencies: To Release or Not?, Let's Talk Condo - Ontario, Fall 2012

· Why the Supreme Court Said No, Securities Practice Notes, Winter 2012

· Hoarding - More Than a Nuisance, Let's Talk Condo - Ontario, Fall 2010