Mitch Koczerginski 

Mitch Koczerginski

Toronto
Brookfield Place, Suite 4400
181 Bay Street
Toronto, Ontario M5J 2T3

t: 416.865.7262
e: mitch.koczerginski@mcmillan.ca

overview

Mitch is an associate in the Advocacy and Litigation Group. He practices complex corporate and commercial litigation with a focus on franchising, construction and privacy related disputes. He has experience in handling franchise and distributorship disputes, construction disputes, internet disputes, product liability disputes and a wide range of contractual and business relationship disputes. 

Mitch has a strong background in privacy and technology 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. 

Further to his litigation work, Mitch also assists clients by drafting privacy policies, conducting privacy impact assessments and responding to access to information requests. For example, he 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 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.

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

The Privacy Commissioner's Guide to Protecting Personal Information in Cannabis Transactions
A Word of Warning to Franchisors – ADR Provisions May Postpone the Limitation Period for Rescission
Trick or…Breach? PIPEDA's Breach Reporting Requirements Come Into Force on November 1, 2018
Is your Privilege Protected? Ontario Court Revisits Doctrine of "Implied Waiver of Privilege" in Recent Decision
SCC Says Judges Have No Business Reviewing Decisions of Voluntary Associations
PIPEDA's Breach Reporting Requirements Finalized, to Come Into Force November 1, 2018
Recent Privacy Concerns Call for Increased Transparency and Control
If Online Reputation is Everything, Who Wants a Do-Over?
Cybersecurity – The Legal Landscape in Canada
Sneak Peek at PIPEDA's Breach Reporting Requirements - Proposed Regulations Released for Comment
Server Location Not Definitive in Determining Jurisdiction Over Foreign Defendant
Release Me: Ontario Court of Appeal Clarifies When Franchisors Can Enforce Releases
Supreme Court of Canada Turns the Other Cheek: Facebook's "Terms and Conditions" – Forum Selection Clause Unenforceable
Ontario Court of Appeal to Franchisors: "Comply with your disclosure requirements, or else..."
Changing Workplaces Review Final Report – Who Must Bargain with Franchise Employees?
Are You Ready for CASL's Private Right of Action?
The Cybersecurity Implications of Driverless Cars
"Going Dark" – No Easy Answers on the Cybersecurity Horizon
A Good Liability Exclusion Clause Can Protect You From A Bad Termination Of Contract
Cybersecurity and the Internet of Things
Decrypting the iPhone - Everybody's Got Something to Hide, Except Me and My Monkey
Introducing Safe Harbour 2.0: the EU-US Privacy Shield
The Privacy Commissioner's Annual Report on the Privacy Act
Can you keep a secret? The courts recognize a new tort for public disclosure of private facts
Who Drives Whom? Driverless Car Pilot Project to Hit the Road in Ontario in 2016
Bring Your Own Device ("BYOD") Programs: Strategic Considerations to Reconcile Security and Privacy Issues
Safe Harbour Not Safe Enough: Data Transfers From E.U. To U.S. Out To Sea
Monitoring the Mayor – B.C. Mayor alleges that computer monitoring violated his privacy
Bring Your Own Device (BYOD) – A Primer for Employers

News

McMillan Lawyers Appointed to the Incoming 2018-2019 Franchise Law Section Executive

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

Practices

privacy and data protection
business litigation
construction litigation
defamation and libel
freedom of information and access to information
cybersecurity
franchise and distribution
franchising and distribution disputes
litigation
leasing
construction

Industries

information technology
construction
franchising and distribution
startups and emerging companies

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
vcard

Mitch is an associate in the Advocacy and Litigation Group. He practices complex corporate and commercial litigation with a focus on franchising, construction and privacy related disputes. He has experience in handling franchise and distributorship disputes, construction disputes, internet disputes, product liability disputes and a wide range of contractual and business relationship disputes. 

Mitch has a strong background in privacy and technology 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. 

Further to his litigation work, Mitch also assists clients by drafting privacy policies, conducting privacy impact assessments and responding to access to information requests. For example, he 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 litigation matters that Mitch has been involved in:

  • 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.

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.

June 2018
SCC Says Judges Have No Business Reviewing Decisions of Voluntary Associations

Litigation and Administrative Law Bulletin

April 2018
Recent Privacy Concerns Call for Increased Transparency and Control

Privacy and Data Security Bulletin

October 2017
Cybersecurity – The Legal Landscape in Canada

Cybersecurity Bulletin

May 2017
Changing Workplaces Review Final Report – Who Must Bargain with Franchise Employees?

Business Law, Labour and Employment, Franchising and Distribution Bulletin

January 2017
Are You Ready for CASL's Private Right of Action?

Privacy and Class Action Bulletin

December 2016
The Cybersecurity Implications of Driverless Cars

Cybersecurity Bulletin

November 2016
"Going Dark" – No Easy Answers on the Cybersecurity Horizon

Cybersecurity Bulletin

Canadian Corporate Counsel, Volume 25, Number 7

Watch a video synopsis of this article here

May 2016
Cybersecurity and the Internet of Things
Article reprinted from the May 2016, Volume 13, Number 6 issue of Canadian Privacy Law Review; This article was first published in Canadian Corporate Counsel, a Thomson Reuters Canada publication
September 2014
Bring Your Own Device (BYOD) – A Primer for Employers

Employment and Labour Bulletin

December 2013
Cloud Computing: Privacy and Other Risks
Employment and Labour Bulletin
Submitted to the Canadian Corporate Counsel Association (CCCA) webinar, December 2013
November 14, 2017
Updates on the Case Law
McMillan's Second Annual Privacy, Cybersecurity and Data Protection Seminar, Toronto, Ontario