Michael B. Morgan
Partner
| Firm: | | Lawson Lundell LLP |
| Address: | Suite 1600 Cathedral Place
925 West Georgia Street
Vancouver, British Columbia V6C 3L2
Canada |
| Phone: | 604-631-9227 |
| Fax: | +1 604 669 1620 |
| Email: | Send an Email |
| Local Time: | Tue. 10:59 |
Profile
Mike's main areas of focus are civil litigation with an emphasis on bankruptcy and insolvency, builder's liens and other construction disputes, pension and employee benefits litigation, and commercial landlord and tenant disputes. In addition, he also has experience in realizations, enforcement of foreign judgments, commercial and residential foreclosures, and receiverships. He has appeared at all levels of court within the Province of B.C. Mike also routinely advises various stakeholders, including secured and unsecured creditors, debtors and trustees in bankruptcy, as to their rights, remedies and obligations in respect of both commercial and personal insolvencies.
Areas of Practice
- Bankruptcy
- Insolvency
- Insolvency and Restructuring
Professional Career
Significant Accomplishments
Mike has:
* Acted for commercial landlords and tenants with respect to their rights and remedies in connection with commercial lease disputes
* Acted for trustees in bankruptcy in realizing upon real property and other assets belonging to individual bankrupts
* Acted for pension and benefit plan trustees in enforcing their rights against delinquent and insolvent employers as well as employees
* 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 Act and who also commenced legal action against the same creditor. The debtor's claims were dismissed following a lengthy trial
* Advised a secured creditor with respect to its rights and remedies in relation to a debtor who filed for creditor protection pursuant to the Companies' Creditors Arrangement Act
* Acted for a major B.C. forest products company in defending builder's lien claims
* Advised a large Western-based roofing company in connection with enforcing its builder's liens rights and advising of its rights and remedies in relation to a bankrupt customer
* Acted for an Alberta corporation in relation to the seizure of substantially all its assets in B.C. by a B.C. company
* Advised a Trustee in Bankruptcy with respect to the ranking of secured creditors over assets located in B.C. of a bankrupt company carrying on business across Canada
* Advised creditors with respect to the registration and enforcement of judgments obtained in Ontario, Quebec, and other foreign jurisdictions, in B.C.
* Acted for a landlord in defending builder's lien claims filed by an insolvent tenant's contractor
* Advised a landlord of its rights and remedies against an insolvent tenant
Professional Associations
Professional Activities
* Canadian Bar Association Insolvency Law and Construction Law Sections, Member
* Greater Vancouver Insolvency Discussion Group, Member
* Western Canada Business Litigation Blog, Contributor
Community Activities
* Young Insolvency Professionals of British Columbia and Alberta (2006 - present)
* Coach - Little Mountain Baseball (Little League) (2005 - present)
* Out of the Cold Homeless Shelter - Volunteer (2004 - present)
* Western Canada Access to Justice Society - Pro bono legal advice (2004 - present)
* Director - Lazarus Community Society - a non-profit community housing provider (2004 - present)
Publications
The Peoples Decision - Two Years Later: Where Are We At And What Have We Learned? (October 31, 2006)
Collection Law in British Columbia: Getting Paid on a Collection File - From Start to Finish (October 27, 2005)
"Builders' Lien Rights for Architects and Engineers; Real or Illusory?" The B.C. Court of Appeal interpreted amendments to the Builders Lien Act (the "Act") in which, for the first time, architects and engineers were expressly listed as those entitled to claim a builders' lien. The Court held that such lien rights arise only if construction of an improvement actually commences. This may contradict the perceived protection given architects and engineers as a result of the amendments to the Act.
Seminars
International Foundation of Employee Benefit Plans - Foundations for Trustees 1: Delinquency (June 23, 2008)
CBABC Insolvency Subsection - Pension Claims in Insolvency (June 10, 2008)
Builders Lien in B.C. - Client Seminar (April 30, 2008)
Overview of Insolvency and Restructuring - Client Seminar (April 1, 2008)
CLEBC - Personal Injury Practice 2008 - Benefits and Benefit Reimbursement - Reimbursement Obligations to Trust Benefit Plans (February 27, 2008)
Pacific Business and Law Institute: The Essential Tasks of Pension and Benefit Plan Trustees: Comprehensive Update (February 19, 2008)
International Foundation of Employee Benefit Plans - Foundations for Trustees 1: Delinquency (September 27, 2007)
Bar Admission
British Columbia (1999)
Yukon (2010)
Education
Trinity Western University (B.A., 1993); University of Alberta (LL.B., 1998).