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Daniel McConville

Partner

Headshot of Daniel McConville

Biography

Dan is an experienced trial and arbitration lawyer who advises clients in commercial and civil disputes. He brings a pragmatic, business-focused approach to resolving complex disputes and is regularly retained on matters involving real estate transactions, shareholder and partnership disputes, estates, commercial leasing, and fraud.  He has also acted in proceedings involving government procurement and tendering, the seizure of diplomatic and state assets, product liability and class actions.

Dan has recently litigated several significant cases relating to fraud and unconscionability, including securing Mareva injunctions in high value fraud cases, voiding a signed release under the doctrine of unconscionability, and obtaining the rare remedy of relief from forfeiture of a deposit under an agreement to purchase property.

A sample of Dan’s work includes:

  • Obtaining and maintaining Mareva injunctions (asset freezing orders) and Norwich orders (pre litigation discovery from third parties) on behalf of investors and employers;
  • Successfully representing one partner in a contentious arbitration over dissolution, and obtaining a full indemnity costs award at the conclusion of the arbitration;
  • Successfully representing a large government contractor in arbitration relating to tendering and RFP processes;
  • Arbitrating the issue of misappropriation of approximately $13 million of missing artwork, and recovering over $12 million of that artwork through an Anton Piller order (a civil search warrant);
  • Representing the majority shareholders of an aerospace company in oppression proceedings at arbitration and on appeal of the arbitral decision;
  • Representing the majority shareholders of a large concrete company in a contentious shareholder dispute;
  • Representing minority shareholders at trial in a dispute regarding an international joint venture;
  • Representing vendors and purchasers of real property on a number of summary judgment motions and appeals relating to failed agreements of purchase and sale;
  • Enforcing easements, rights of partition and sale, and other property rights;
  • Obtaining and resisting motions for certificates of pending litigation on real property.

Dan is a member of the Canadian and Ontario Bar Associations and the Advocates Society. When he’s not working Dan is probably either parenting, playing some kind of sport or biking in the woods. A long time ago Dan was a Division 1 NCAA lightweight rower.

Recent Cases