Mark van Zandvoort

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 and 2024
Recognized by Benchmark Litigation Canada as a Litigation Future Star, 2023 and 2024
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

The Advocates' Society
Canadian Bar Association
Ontario Bar Association

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

Represented the Noteholders of The Lion’s Share Group Inc. as representative counsel in the company’s receivership proceedings.

Successfully represented The Toronto-Dominion Bank before the Ontario Court of Appeal, securing the affirmation of a summary judgment motion ruling in 2275518 Ontario Inc. v. The Toronto-Dominion Bank, 2024 ONCA 343.

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 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

2275518 Ontario Inc. v. The Toronto-Dominion Bank, 2024 ONCA 343
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