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Michael D. Mysak

Partner

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T: 403.298.8143

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Calgary

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Mysak Michael
 
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T: 403.298.8143


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Calgary

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  • Education
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  • Recent Recognition
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Clients, including public and private corporations, financial institutions, defrauded investors and retail brokers, rely on Michael for his extensive experience in high stakes, complex corporate and commercial litigation.

With a track record of successfully both prosecuting and defending lengthy and complicated matters through trial, Michael has developed expertise in planning and executing pleading-to-trial strategies in some of the largest litigation files in Alberta. He has been involved in dozens of precedent-setting decisions in shareholder litigation and fraud recovery law in Alberta and regularly appears before all levels of court in Alberta, the Federal Court of Canada, the Alberta Securities Commission and several administrative tribunals. In addition, he has been trusted to represent the Chief of Police of the Calgary Police Service on various professional discipline and litigation matters for over twenty years.

In additional to his legal practice, Michael has instructed at the University of Calgary, Faculty of Law Trial Advocacy course and classes on civil law at Mount Royal University.

Michael is a former Chair and board member of Calgary Legal Guidance and is a former board member of the Canadian Club of Calgary and the Calgary Blockwatch Council.

Recognized for his expertise in commercial litigation, Michael has been routinely ranked for several years by Chambers Canada, Lexpert, Legal 500 Canada and Benchmark Litigation Canada.

Education

University of Saskatchewan, BA, 1999 University of Saskatchewan, LLB, 2000 

Bar Admissions

Alberta, 2001

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Representing the landlord in a successful claim for breach of lease against a tenant who had leased an entire 37 story office building and then vacated it with 12 years left on the lease, claiming that a minute amount of hazardous materials in building materials from decades earlier justified that decision.  CNOOC Petroleum North America ULC v 801 Seventh Inc, 2025 ABKB 145; 2023 ABCA 97 ; 2021 ABQB 861; 2021 ABQB 81
Defending an action on behalf of an international engineering firm relating to allegations about the inadequacy of the design and construction of a buried, high temperature oil bitumen pipeline where claims now exceed $700 million, including winning several important decisions on improper claims of privilege by the Plaintiff CNOOC Petroleum North America ULC v ITP SA, 2022 ABKB 683; CNOOC Petroleum North America ULC v ITP SA, 2023 ABKB 689, CNOOC Petroleum North America ULC v ITP SA, 2024 ABCA 139
The Chief of Police of the Calgary Police Service in many hearings involving member discipline and general litigation, including Green v Calgary (Police Commission), 2024 ABLERB 19, Morton v Calgary (Police Service), 2023 ABLERB 9, Barton v Calgary (Police Service), 2022 ABLERB 15, Alberta (Justice and Solicitor General) v Bassett, 2022 ABCA 280
NEP Canada ULC, as plaintiff's counsel, in a successful $185-million judgement, after a three-and-a-half month trial, for fraud and breach of contract arising from misrepresentations made by the vendor in selling infrastructure assets—a judgment that included one of the largest loss of opportunity awards ever made in Alberta (NEP Canada ULC v MEC OP LLC et al, 2021 ABQB 180)
The Plaintiffs in an action for fraud, conversion, breach of trust and solicitor’s negligence arising from the misappropriation of over $1.7 MM by the former CFO; after a month long trial, judgment was successfully obtained against all defendants including the former officer, his wife (to whom much of the benefit of the misappropriated funds flowed) and a lawyer who had acted on one of the transactions at issue.  Metalworks Canada Ltd v Warrack et al, 2018 ABQB 443
A defendant in a conspiracy-to-defame action arising from a candidate's failed bid for office in the 2008 provincial election, successfully having his client removed from the action on a summary judgment application. Kent v Martin et al, 2013 ABQB 436
The special committee of a publicly traded gold and silver investment company in responding to claims of shareholder oppression brought by a competitor. 1891868 Alberta Ltd. v Central Fund of Canada Limited, 2015 ABCA 331
A judgment creditor in obtaining a Mareva Injunction and then judgment at trial arising from the judgment debtor's fraudulent conveyance of its assets, including an award for $100,000 in punitive damages. 1007374 Alberta Ltd v Ruggieri, 2015 ABCA 205, 1007374 Alberta Ltd v Ruggieri, 2014 ABQB 641, 1007374 Alberta Ltd v Ruggieri, 2013 ABQB 420, 1007374 Alberta Ltd v Ruggieri, 2013 ABQB 278
A financial institution in respect of a mortgage fraud recovery action against over 300 defendants. BMO v Cochrane, 2012 ABQB 297; 2012 ABCA 112; 2011 ABQB 386; 2010 ABQB 578
A contractor in resisting an application for an interlocutory injunction premised, among other things, upon a non-competition agreement. Altam Holdings Ltd v Lazette, 2009 ABQB 458; 2009 ABQB 521
A private golf and country club, obtaining an order for certiorari, quashing a Municipal Government Board order and enforcing an Annexation Order with associated declaratory relief. 2006 ABQB 312
Acted for a group of investors in obtaining an Order freezing the worldwide assets of Defendants with business in Europe and Africa and preventing a Defendant from leaving the jurisdiction until information necessary to trace and seize the assets was provided. The claim arose out of an investment scheme involving the purchase of ATMs. Boczkiewicz v Creative Capital Connection Inc, 2006 ABQB732
Proprietary Industries Inc., in connection with an action against the company's former president and former CEO for, among other things, allegedly misstating the corporations financial statements to inflate the company's financial position and diverting several million dollars to offshore corporations. Proprietary Industries Inc v Workum, 2006 ABCA 225
A large group of investors in an alleged Ponzi-type ticket brokering scheme, including the obtaining of orders for pre-judgment locating and freezing of assets and other extraordinary relief.  2009 ABQB 394, 2009 ABCA 141, 2008 ABQB 216, 2008 ABQB 550

Recent Recognition

Lexpert Special Edition Litigation
Recognized as one of Canada's leading lawyers in litigation
Chambers Canada
Ranked, Litigation: General Commercial – Alberta
The Legal 500 Canada
Leading Lawyer, Dispute resolution: Alberta
Canadian Legal Lexpert Directory
Consistently Recommended, Litigation - Corporate Commercial
Benchmark Litigation: Canada
Recognized as a Litigation Star
Lexpert Guide to the Leading U.S./Canada Cross-border Litigation Lawyers in Canada
Recognized as a lawyer to watch in the area of Litigation
Lexperts Rising Stars Leading Lawyers Under 40
Recognized as one of Canada's leading 40 lawyers under 40

Insights, News & Events

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Bennett Jones Lawyers Named Among Canada’s Top Litigators By Benchmark Canada

May 01, 2025
       

Client Work

Bennett Jones Litigation Team Wins Major Claim Against China National Offshore Oil Corporation

April 01, 2025
       
2025
Jan
22
       

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