416.865.7192
Madeline Klimek is a skilled lawyer with a broad litigation practice. She provides counsel on a range of disputes including construction matters, corporate and commercial disagreements, and product liability cases. Madeline represents clients all levels of the Court in Ontario, and also appears before specialized decision-makers, such as construction adjudicators.
In her practice, Madeline successfully represented a subcontractor in a two-week construction arbitration focused on scope of work changes, delay claims and improperly withheld holdback amounts. The Arbitrator specifically noted Madeline’s succinct cross-examination of a witness for the opposing party.
Additionally, Madeline brings considerable experience in international affairs, having completed two master’s degrees in international history from Columbia University and The London School of Economics and Political Science.
Expertise
Practices
Media Mentions
- “The legal pitfalls for companies using proptech” by Natalka Falcomer, Real Estate Magazine (March 1 2022)
Education & Admissions
Publications
- “Is The Sun Setting On Perceived DAO “Immunity?,” Law360 Canada (July 12, 2023)
- “Court of Appeal reaffirms limited use of Rule 21.01 for limitations issues,” Law360 Canada (May 12, 2023)
- “Blurred Lines: How Dow Chemical and Royal J & M May Confuse Remedies Under the Competition Act,” Canadian Competition Law Review (CCLR), Vol. 35, No. 1 (September 13, 2022)
Insights (13 Posts)View More
Ontario’s Capital Markets Tribunal Re-Frames the Public Interest Standard in Riot Platforms, Inc. v Bitfarms Ltd. and Ontario Securities Commission
The Ontario Capital Markets Tribunal creates a new standard for exercising its public interest power where a cease trade order for a rights plan is sought.
Is the Sun Setting on Perceived DAO “Immunity”?: Ooki DAO Is A Person Under the Commodity Exchange Act
These authors discuss the legal implications of the recent finding that a DAO is a "person" under the Commodity Exchange Act.
Think Twice, Draft Once: Consequential and Special Damages in Exclusion Clauses
This bulletin examines exclusion clauses and the varying definitions of "consequential" and "special" damages found within these provisions.
Too Little, Too Late: Judicial Time Constraints to Amendment of Pleadings
Two recent cases from the Ontario Superior Court demonstrate judicial intolerance for parties amending pleadings years after an action has commenced.
Part 3 of McMillan Series – DeFi Platform Mango Loses $117 Million in Smart Contract Exploit: Avraham Eisenberg Arrested and Sued
In Part 3 of this series, we describe two important developments in the Mango Markets story, demonstrating challenges DAOs have settling with exploiters.
Part 2 of McMillan Series – DeFi Platform Mango Loses $117 Million in Smart Contract Exploit: Is Mango’s Settlement with the Exploiter Enforceable and What Does it Mean for DAOs?
Complex Disputes and Regulatory Regimes: Cryptocurrency Speciality Niche
Part 1 of McMillan Series – DeFi Platform Mango Loses $117 Million in Smart Contract Exploit: Are DAOs Responsible for Bad Smart Contracts?
Complex Disputes and Regulatory Regimes: Cryptocurrency Speciality Niche
The Case Continues: Wright v Horizons and the Draft Capital Markets Act
This bulletin discusses new developments with respect to the Wright v Horizons decision.
PropTech: Property Technology, the New Frontier in Real Property, Part 3: Challenges
In this bulletin, we discuss the risks and challenges of using PropTech by businesses in the real estate space and for consumers of such products.
PropTech: Property Technology, the New Frontier in Real Property, Part 2: Benefits
In this bulletin, we discuss the benefits of using PropTech for businesses in the real estate space and for consumers of such products.
PropTech: Property Technology, the New Frontier in Real Property, Part 1: Introduction
In this 3-part series, we explain the concept of PropTech, highlight its benefits and outline associated risks.
City of Toronto Introduces Garden Suites
In this bulletin, we discuss the potential development of garden suites in the City of Toronto.
Making a Lot out of a Little – Laneway Housing a Niche Market Opportunity for Municipalities, Property Owners, Real Estate Developers and Investors
An overview of laneway suites / housing as means of adding to housing stock in Toronto and beyond.
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