Michael S. Myers

Michael S. Myers

Founding Partner since 2001
Location:
Toronto, Ontario, Canada
Phone:
416-601-2701
Email:

Email:          myers@phmlaw.com   
Assistant:    Margie Yeomans 
Phone:         416-601-2001 
Email:          yeomans@phmlaw.com

Michael began working with Barry Papazian, Alan Heisey and Ben Forrest in 1992 and the four of them formed Papazian Heisey Myers as founding partners in 2001.

Experience

  • founding partner of the firm
  • over 36 years’ experience practising law in Ontario
  • current practise focuses on contract enforcement – which combines the law of contract with commercial litigation strategy and uses the latter as a tool to assist in the settlement of business and non-business contract disputes
  • underlying this somewhat unique focus is Michael’s detailed knowledge of the law of contract formation, contract default, contract enforcement and contract remedies of all kinds stemming from decades of experience involving all aspects of real estate based commercial law, when acting for landlords, tenants, borrowers and lenders
  • frequent appearances in Toronto’s Commercial Court has allowed Michael to appreciate the nuances of the Bankruptcy and Insolvency Act of Canada and to use that legislation to successfully obtain significant payments for creditors and for bankrupt estates those from bankrupt individuals who have attempted to hide behind the protection afforded by this legislation by improperly dissipating and fraudulently transferring assets to friends, family and business partners
  • Michael uses the voting procedures in consumer and business proposals to increase payables to creditors, and has successfully litigated Court approval of proposals to increase recovery to creditors

Current Practice

  • Michael is one of two lawyers in Canada who manage National Bank of Canada’s entire residential mortgage enforcement portfolio and as well as this bank’s retail debt collection portfolio in Ontario and Western Canada
  • Michael also acts for various equipment financiers and assists them in their equipment lease enforcement and collection activities
  • Michael has expanded his debt collection practice into the Bankruptcy field and now accepts retainers from Trustees in Bankruptcy
  • Michael has unique experience dealing with fraudulent debtors and the implications that has on Bankruptcy Proposals and Bankruptcies in general. Michael manages and strategizes fraudulent litigation actions for creditors and Trustees in Bankruptcy
  • Michael has also successfully dealt with OPCA litigants and other 'internet-based debt elimination' individuals

Areas of Practice

  • contract enforcement including debt collection and mortgage remedies
  • bankruptcy and insolvency law
  • commercial and residential secured lending
  • real estate and business law

Bar Admissions

  • Ontario, 1980

Education

  • York University, Osgoode Hall Law School, North York, Ontario, Canada - 1978
  • York University - 1997
    • Major: Mathematics
  • University of Western Ontario
    • B.S., Bachelor of Science - 1976

Published Works

Representative Cases

  • National Bank of Canada v Young, 2002 CanLII 14518 (ON SC)
  • National Bank of Canada v Colucci, 2006 CanLII 30746 (ON SC)
  • Myers v. Blackman, 2014 ONSC 5226 (CanLII)
  • Juhasz Estate v. Cordeiro, 2015 ONSC 1781 (CanLII)

Representative Clients

  • National Bank of Canada
  • Doka Canada Ltd.
  • CIT Financial Ltd.
  • Westminster Savings Credit Union

Classes/Seminars

  • Co-chaired the Law Society of Upper Canada's "Six Minute Debtor-Creditor and Insolvency Law" seminars
  • Debtor-Creditor: Tips for Helping Your Clients Get Paid in a Challenged Economy, Law Society of Upper Canada – The Six-Minute Business Lawyer Seminar, June 2016
  • How Should a Creditor Respond to a Consumer Proposal?, Law Society of Upper Canada – The Six-Minute Debtor-Creditor and Insolvency Seminar, October 2014
  • How to Advise Your Client When: It is Faced with a Repudiation, Law Society of Upper Canada – The Six-Minute Debtor-Creditor and Insolvency Seminar, October 2012
  • Do You Know How to Advise Your Client When: Your Client Has Judgment for Possession and Needs YOU to Obtain a Writ of Possession, Law Society of Upper Canada – The Six-Minute Debtor-Creditor and Insolvency Seminar, October 2011
  • Can a Mortgagee-In-Possession Get "Out of Possession"?, Law Society of Upper Canada – The Six-Minute Debtor-Creditor and Insolvency Seminar, October 2010
  • Default Judgment - Common Risks and Pitfalls, Law Society of Upper Canada – The Six-Minute Debtor-Creditor and Insolvency Seminar, October 2009
  • Real Estate Development and Construction Financing, Insight Seminar, May 1987
  • What do I Tell a Client Who Asks About: Frivolous or Vexatious Claims and Motions – a Rule 2.1 Primer Law Society of Upper Canada – The Six-Minute Debtor-Creditor and Insolvency Seminar, October 2016