Mitch Koczerginski 

overview

Mitch is an associate in the Advocacy and Litigation Group. He practices corporate and commercial litigation with a focus on franchising and distribution, construction and commercial real estate disputes. 

Mitch routinely represents franchisors in rescission claims brought by franchisees. Mitch also has extensive experience advising foreign and domestic manufacturers and distributors following the termination of distribution agreements. He has handled a number of termination disputes, including those involving claims of wrongful termination, breach of contract, bad faith, fraud, misrepresentation, breach of non-compete and confidentiality covenants and licensing issues. 

Mitch represents developers, landlords and tenants in commercial leasing and purchase and sale disputes. Mitch’s experience also includes construction lien and breach of contract claims as well as negligence claims against design professionals. 

Mitch also maintains a broad commercial litigation practice where he acts for financial institutions and other businesses. He has experience in bankruptcy, breach of contract, and fraud claims, among others. In addition to Canadian clients, Mitch routinely represents American and other foreign entities that are parties to disputes in Canada.

Further to his litigation work, Mitch has a strong background in privacy law and regularly advises and represents clients in connection with privacy and data breaches involving payment card information, personal information, health information and sensitive business information. Mitch has experience drafting and reviewing privacy policies, conducting privacy impact assessments and responding to access to information requests. Mitch has made a number of submissions to various provincial Privacy Commissioners as well as the Privacy Commissioner of Canada on a variety of matters, including breach reporting and access to information appeals. 

Mitch joined the firm as a summer student and articled with the firm before his call to the Ontario bar in 2015. He received his BA from the University of Western Ontario and a JD from both the University of Ottawa and Michigan State University. 

Representative Matters

Representative litigation matters that Mitch has been involved in:

• Representing a commercial landlord in response to an application for relief from forfeiture following a tenant’s failure to exercise an option to renew a lease in accordance with its terms.
• Representing a subcontractor in a construction dispute against a general contractor and municipal owner.
• Representing a Canadian business in a dispute regarding the sale of livestock to a U.S. purchaser.
• Defending a corporation and certain officers and directors in an oppression action commenced by a director and shareholder.
• Defending a general contractor in a construction dispute regarding the alleged non-return of rental equipment at the conclusion of a construction project.
• Defending a general contractor in a construction dispute regarding the alleged non-payment of extras charged in connection with a construction project.
• Representing an employer in a dispute against its employee benefits provider for charges incurred by non-employees.
• Representing a creditor in a dispute against a debtor for enforcement of a demand promissory note.
• Representing a subcontractor in a dispute against a general contractor for non-payment following the failure of a municipality to grant necessary permits in connection with a development.
• Defending a manufacturer in a product liability dispute regarding alleged product defects resulting in significant damage to personal property.
• Defending a mining company in a dispute regarding royalties allegedly due pursuant to a Net Smelter Royalty Agreement.
• Defending an owner and general contractor in a construction lien action commenced by a subcontractor alleging damages resulting from a change in the scope of the subcontract.
• Representing an auto-recycling company in a dispute against a seller of auto parts that were not as valuable as initially represented.
• Defending a franchisor against a franchisee purporting to rescind the franchise agreement on the basis that the franchisor provided a deficient disclosure document.  
• Representing a Canadian distributor against a US supplier following the termination of the distribution agreement without providing sufficient notice of termination.

Reported decisions that Mitch has been involved in:

• Subway Franchise Restaurants v. BMO Life Assurance Co., 2020 ONSC 371
• Singh v. PCPO, 2018 ONSC 203
• Dosanjh v. Maple Leaf Sports, 2016 ONSC 8005

Representative privacy matters that Mitch has been involved in:

• Conducting privacy impact assessments to evaluate whether the business processes of an organization comply with FIPPA.
• Representing a government institution in an appeal before the Information and Privacy Commissioner of Ontario regarding an access to information request.
• Representing a corporation in an appeal before the Information and Privacy Commissioner of Ontario regarding an access to information request.  
• Representing a government institution in an appeal before the Office of the Privacy Commissioner of Canada regarding an access to information request.
• Representing a corporation in an appeal before the Information and Privacy Commissioner of Ontario regarding an access to information request.  
• Reviewing and drafting privacy policies for organizations conducting business in Canada.
• Representing the purchaser in its acquisition of a company in respect of privacy provisions in  the share purchase agreement.

Presentations

Publications

News

Education

• University of Ottawa, J.D., cum laude - 2014
• Michigan State University, J.D., cum laude - 2014
• University of Western Ontario, B.A. (Philosophy) - 2010

Year Of Call

• Called to the Ontario bar - 2015

Directorships and Professional Associations

• Franchise Law Section Executive for 2018-2019 
  • Appointed as Newsletter Editor

Awards & Rankings

• University of Ottawa Faculty of Law, Dean's list
• Michigan State University College of Law, Dean's list