Michael B. Morgan, FCIArb.,

Mike’s main area of focus is commercial litigation with an emphasis on all types of construction disputes, including delay claims, building defect claims, cost overruns, consultant liability, and surety claims. A particular niche practice area of his is builders’ lien claims. In fact, Mike has been involved in some of the highest profile builders’ lien cases from the BC Court of Appeal, including JVD v. Skookum Creek, West Fraser Mills v. BKB, and Chaston Construction v Henderson Land Holdings. In addition, Mike has considerable experience with commercial and residential real estate disputes including collapsing real estate transactions. His real estate dispute practice includes all types of commercial tenancy disputes including rent arbitrations.

Mike also has significant experience in realizations, oppression claims, and the enforcement of foreign judgments. He also has advised various stakeholders, including secured and unsecured creditors, debtors, receivers and trustees in bankruptcy, as to their rights, remedies and obligations in respect of commercial insolvencies in the construction and real estate industries. He has appeared at all levels of superior courts within the Province of BC and Yukon Territory.

Mike is a regular contributor to Lawson Lundell’s Commercial Litigation and Dispute Resolution Blog, a resource that examines current trends and interesting issues emerging in the legal and business communities.

• Canadian Bar Association Insolvency Law and Construction Law Sections, Member
• Construction Lawyers Society of America, Fellow

• University of Alberta Law School, Dean's Advisory Committee (2015 - present)
• Various L'Ecole Bilingue Elementary School basketball teams, Coach (2011 - 2016)
• Vancouver Community Baseball, Coach (2016 - 2018)
• Little Mountain Baseball, Coach (2005 – 2017)
• Sir Charles Tupper Secondary School Basketball, Coach (2017 - 2019)
• Little Mountain Baseball, Board Member (2010 - 2018)
• President - Little Mountain Baseball (Little League), President (2015 - 2017)
• TWU Richmond Advisory Committee, Member (2008 - 2015 and 2022 to present)
• Spartan Foundation, Board Member (2020-present)
• Spartan Foundation, Chair (2022-present)
• Out of the Cold Homeless Shelter, Volunteer (2004 – 2011)

Mike enjoys travelling to warm locales, riding his Peloton, playing a variety of sports including golf and (old man) basketball, and spending time with his wife and three boys.

• Best Lawyers in Canada: Construction Law, 2020-2025
• Benchmark Canada: The Guide to Canada’s Leading Litigation Firms and Attorneys - Litigation Star, 2020-2024
• Lexpert Zenith Award: Corporate and Law Firm Social Responsibility, recognised for his contributions to Family Services of Greater Vancouver, 2011

Construction Disputes

• Acted for the owner of a run-of-river hydro project constructed almost entirely on Crown land near Squamish. The construction costs amounted to over $93 million. A claim was brought by a contractor for payment for work allegedly performed. The contractor had filed claims of builders’ liens initially for $5.3 million against a right of way on private land where a section of the transmission lines crossed. Following a six week trial, the Plaintiff was successful. Mike represented the owner on an appeal and, on March 1, 2022, the Court of Appeal allowed the appeal and dismissed the Plaintiff’s claims in their entirety. The court found that the liens were invalid as no work was performed by the Plaintiff on the transmission line or the transmission line lands where the liens were filed. Instead, all the Plaintiff’s work was performed on the powerhouse, intake, and penstock which were located several kilometers away on Crown land and which therefore, the Court of Appeal determined, could not be liened: JVD Installations Inc. v. Skookum Creek Power Partnership, 2022 BCCA 81.
  The Plaintiff sought leave to appeal to the Supreme Court of Canada but that application was dismissed: JVD Installations Inc, et al. v. Skookum Creek Power Partnership, et al. 
• Acted for Tradesmen Enterprises LP (“Tradesmen”), a mechanical contractor on a complex multi-issue, multi-party construction dispute involving the construction of a large water treatment facility (the “Project”) in eastern B.C. The bulk of the Project took place during the height of the COVID-19 pandemic. Tradesmen was a contractor based in Alberta. Tradesmen’s original scope of work was for about $32 million. However, as work began on the Project it greatly expanded resulting in almost 900 change order requests being issued and almost 1700 requests for information (“RFIs”) relating to the design changes. It was alleged the contract value and the amount of work performed by Tradesmen increased to approximately $130 million. Eventually, Tradesmen claimed in excess of $54 million from, among others, the owner. The owner counterclaimed for alleged deficiencies and for having to hire a replacement contractor. The matter was scheduled to be heard through a private arbitration but ultimately all claims were settled in advance of the hearing. Tradesmen was in receivership at the time and therefore court approval of the settlement was sought and obtained in Alberta.
• Acted for owners of a recreational property that was negligently designed and built. The roof leaked in several areas and a large retaining wall running the length of the driveway on the property had failed and therefore had to be torn down in its entirety and replaced at considerable expense. The owners commenced action against the designer and builder of the home. After a lengthy summary trial in the court below, which involved many expert reports and which established the amount of damages, the Court of Appeal eventually found in favour of the owners and held that the designer and builder were liable for all such damages: Globalnet Management Solutions Inc. v. Cornerstone CBS Building Solutions Ltd. and Linwood Homes Ltd., 2018 BCCA 303.
• Acted for a major lender to a large construction project in Metro Vancouver who was sued by a contractor pursuant to an alleged contract and who also alleged various misrepresentations were made to it by the lender and one of its principals. The claims were all dismissed after a very lengthy summary trial: Anderson Creek Site Developing Ltd. v. Brovender, 2015 BCSC 2092.
• Acted for several other owners of multi-million dollar “run-of-river” power projects in connection with various construction claims and disputes.
• Acted for several owners of various mining projects located throughout BC, Ontario, Northwest Territories and Yukon, in defending various construction claims and disputes.
• Acted for both owners and tenants in connection with construction delay claims and budget overruns.
• Acted for and against major BC forest companies in defending and prosecuting builder’s lien claims:
• As an example, Mike acted for a contractor who asserted lien rights in respect of the dismantling and removal of a significant and substantial paper machine from a mill: West Fraser Mills Ltd. v. BKB Construction Inc., 2012 BCCA 89.
• Acted for a large Western-based roofing company in connection with enforcing its builder’s liens rights in BC and Alberta, and advising of its rights and remedies in relation to various bankrupt customers.

Commercial Real Estate and Development Disputes

• Acted for a large tenant in a rent arbitration in connection with the applicable lease renewal rent for commercial warehouse and production space on Annacis Island, Delta, B.C. Following a lengthy arbitration, the tenant’s position was accepted by the arbitrator as opposed to that of the landlord. As a result of that successful outcome, Mike’s client was also awarded all its legal fees it incurred in connection with the arbitration.
• Acted for numerous investors in a variety of real estate development projects, including:
• Successfully acted for an investor in a mixed use development project whose claims for restitution were allowed by the court following a lengthy trial: Pacific Wagondepot Ltd. v. Hudson West Developments Ltd., 2017 BCSC 1593. 
• Successfully acted for an investor in a development project who was promised, but not provided, security for the investment and the court therefore awarded restitutionary damages as a result: Smith v. Landstar Properties Inc.,2011 BCCA 44.
• Acted for a shareholder of a development company who asserted that funds were diverted from the company: 0757376 BC Ltd. (Re), 2011 BCSC 1268.
• Successfully acted for several parties who had invested in a vineyard which was to be purchased and developed and asserted the developer had misappropriated substantial funds: D. Bacon Holdings Ltd. v. Naramata Vines Inc., 2011 BCCA 22, 2010 BCCA 427, 2010 BCCA 613.
• Acted for both owners and tenants in connection with disputed options to renew leases and options to purchase real property:
• Acted for Chevron who owned leased property which also was subject to a right of first refusal. A dispute arose as to whom Chevron was entitled to sell the property and the court accepted Chevron's submissions on the proper interpretation of the option: North Eastern Enterprises Ltd. v. Chevron Canada Limited, 2016 BCSC 1954.
• Mike acted for the Province in a complex option to purchase case involving the sale of two office towers in Victoria: British Columbia Minister of Technology Innovation and Citizens’ Services) v. Columbus Real Estate Inc., 2016 BCCA 283 and 2017 BCSC 1518.
• Acted for both purchasers and vendors in connection with numerous collapsed real estate transactions (commercial and residential).
• Acted for commercial landlords and tenants with respect to their rights and remedies in connection with commercial lease disputes, including insolvencies:
• Successfully acted for a commercial landlord in the pursuit of a defaulting tenant: Caromar Sales Ltd. v. Shura Real Estate Development Company Limited, 2011 BCSC 1088.

 Commercial Insolvencies and Realizations 

• Acted for trustees in bankruptcy in realizing upon real property and other assets belonging to bankrupts.
• Acted for pension and benefit plan trustees in enforcing their rights against delinquent and insolvent employers as well as employees:
• Successfully acted for a long term disability plan in pursuing a termination assessment against a participating employer: Trustees of the IWA - Forest Industry LTD Plan v. Ainsworth Engineered Canada Limited Partnership, 2013 BCSC 41.
• Successfully acted for the Healthcare Benefit Trust in asserting that its reimbursement claims survived the bankruptcy of a member: Armstrong v. Lang, 2011 BCCA 205.
• Acted for a major secured lender in enforcing its rights against a bankrupt boat dealership.
• Acted for a major creditor of an insolvent debtor who filed for creditor protection pursuant to the Bankruptcy and Insolvency Actand who also commenced legal action against the same creditor. The debtor’s claims were all dismissed following a lengthy trial: Galaxy Sports Inc. v. Umbro Holdings Limited et al, 2005 BCSC 278).
• Acted for an Alberta corporation in relation to the seizure of substantially all its assets in BC by a BC company.

Commercial Litigation

• Acted for a director and company with respect to claims by a disgruntled shareholder: 1043325 Ontario Ltd. v. CSA Building Sciences Western Ltd., 2016 BCCA 258.
• Advised plaintiffs and defendants with respect to the attempted registration and enforcement, in BC and Yukon, of judgments and claims from Ontario, Quebec, and other foreign jurisdictions such as the Netherlands and Russia: Environmental Packaging Technologies, Ltd. v. Rudjuk, 2012 BCCA 342.