Michael Kotrly
Associate
Michael is a litigation and dispute resolution lawyer on secondment from our Toronto office to our Dubai office. He specialises in commercial litigation and international arbitration.
Michael manages and acts as advocate in litigation and arbitration proceedings before the Dubai International Arbitration Centre, the Dubai World Tribunal, the ICC Court of Arbitration and the Ontario Courts. He has acted for major Dubai-based developers in a number of arbitrations and litigation proceedings in respect of real estate, construction and commercial contractual disputes.
In Canada, Michael maintains a broad dispute resolution practice, including class actions defence, contractual disputes, shareholder disputes, regulatory matters and constitutional law.
He was lead counsel to Topwater Investment Fund and related entities in a successful motion to dismiss an action due to lack of jurisdiction (Galaxy Dragon Limited v. Topwater Exclusive Fund IV LLC, 2011 ONSC 6818 affirmed on appeal 2012 ONCA 382). He also represented BMO Nesbitt Burns and the Bank of Montreal in a successful motion to strike a negligence claim against the Bank of Montreal and irrelevant allegations of employee fraud in Javitz v. BMO Nesbitt Burns et al. (2011), 105 O.R. (3d) 279 (Sup. Ct.). He has also defended numerous class actions, including representing CN Rail in its successful opposition to certification of a national employment class action asserting unpaid overtime (McCracken v. Canadian National Railway Company 2012 ONCA 445).
As part of his pro bono practice, Michael has acted for interveners and proposed interveners before the Ontario Court of Appeal and the Supreme Court of Canada in significant, precedent-setting constitutional matters.