Max Shapiro, Toronto

About Max

Max litigates complex contract, construction, and procurement disputes. He also has expertise in anti-corruption investigations, class actions, insolvency proceedings, gaming disputes, and domestic and international commercial arbitrations. He has represented clients at all levels of courts in Ontario, the Federal Court, the Court of King's Bench for Saskatchewan, in arbitration proceedings in Ontario, Alberta, and Newfoundland & Labrador, before the Canadian International Trade Tribunal, and at the Supreme Court of Canada in the voting rights appeal by expatriate Canadian citizens in Frank v. Canada (A.G.).

Max has successfully completed secondments with the in-house legal teams at Bell Canada and Ontario Power Generation, as well as at the Firm's Calgary office.

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Max has acted as counsel to:

Commercial Cases

Canadian Pacific Railway Company in actions against the governments of Canada, Alberta, Saskatchewan, and Manitoba to recover taxes paid in contravention of a provision of the Railway's 1880 Charter which states that its main line shall "be forever free from taxation"
Aircraft lessors in disputes arising from the termination of aircraft lease agreements and re-possession of aircraft
Six Nations of the Grand River Band of Indians in an ongoing large and complex action against the Canadian and Ontario governments
United States Steel Corporation in successfully asserting a US$2-billion claim against U.S. Steel Canada in which the court provided a revised test for the distinction between debt and equity
Operators of resort casinos in Ontario owned by the Ontario Lottery and Gaming Corporation for disputes arising from gaming operations
A global sports apparel company in a sponsorship dispute with a Canadian sports federation
An investment management firm in a lawsuit arising from a "liftout" of a team of investment advisors and defamation claims concerning a press release reporting on events

Construction and Procurement

A regional transit agency in a time-sensitive dispute regarding the procurement of railway maintenance services in the Greater Toronto Area
A federal Crown corporation in a challenge to a procurement process for the acquisition and implementation of a new technology solution
Owners in delay and acceleration disputes relating to the construction of a multi-billion dollar light rail line and the rehabilitation of a highway
A power generation company in dealing with procurement and construction disputes relating to ongoing operations and the refurbishment of a nuclear generating station
A contractor in a dispute involving delay and disruption claims arising from the construction of a high voltage transmission line in Manitoba
A food and beverage company in a procurement dispute relating to a request for proposals associated with a national fulfillment program
A global oil and gas producer in a multi-party construction dispute relating to a pipeline failure in Alberta

Publications

Co-author : Ontario Court Rejects Crypto Arbitration Agreement as Unenforceable
Blakes Bulletin on Arbitration, February 13, 2024.
Co-author : No Loss, No Foul: Ontario Court of Appeal Clarifies That Loss Will Not Be Presumed From a Breach of the Duty of Honest Contractual Performance
Blakes Bulletin on Litigation & Dispute Resolution, July 6, 2023.
Co-author : ACC Quick Overview: Canadian Litigation Issues - Key Considerations for Managing Cross-Border Disputes
Association of Corporate Counsel (ACC), June 30, 2021.

Professional Appearances

Speaker : Procurement Law Updates for 2024
Blakes Business Class Seminar, February 27, 2024.
Speaker : Business Disputes: Key Canadian Rulings of 2023
Episode 30, Blakes Sound Business Podcast, December 20, 2023.
Speaker : From Court to Contract
Blakes Business Class Seminar, November 8, 2023.
Co-speaker : An Ounce of Prevention...But Can You Make The Horse Drink?
Rocky Mountain Highs and Lows: Lessons Learned in Managing Construction Disputes, The Society of Construction Law North America 2022 Conference, Denver, Colorado, July 6-8, 2022.
Co-speaker : Virtual Courts and Tribunals: Top Tips from the Front Line
Blakes Seminar, Toronto, Ontario, April 22, 2021.