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Mitch Koczerginski is an experienced corporate and commercial litigation lawyer with a thriving practice focused on franchising and distribution, construction and retail disputes.

Representing franchisors in rescission claims brought by franchisees, Mitch also advises foreign and domestic manufacturers and distributors following the termination of distribution agreements. He draws on solid experience in termination disputes to provide expert counsel on claims of wrongful termination, breach of contract, bad faith, fraud, misrepresentation, breach of non-compete and confidentiality covenants, and licensing issues.

Mitch represents developers, landlords and tenants in commercial leasing and purchase and sale disputes. His experience also includes construction lien and breach of contract claims, as well as negligence claims against design professionals.

Acting for financial institutions and other businesses, Mitch provides strong representation in a wide range of disputes, including those relating to bankruptcy, breach of contract, and fraud claims. In addition to his Canadian clients, Mitch represents American and other foreign entities that are parties to disputes in Canada.

With a strong background in privacy law, Mitch advises and represents clients in connection with privacy and data breaches involving payment card information, personal information, health information and sensitive business information. He drafts and reviews privacy policies, conducts privacy and cybersecurity impact assessments and responds to access to information requests. Mitch also handles submissions to provincial privacy commissioners as well as the Privacy Commissioner of Canada on a variety of matters, including breach reporting and access to information appeals.



Representative Matters

Representative litigation matters that Mitch has been involved in:

  • Representing a commercial landlord in response to an application for relief from forfeiture following a tenant’s failure to exercise an option to renew a lease in accordance with its terms.
  • 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.

Reported decisions that Mitch has been involved in:

  • Subway Franchise Restaurants v. BMO Life Assurance Co., 2020 ONSC 371
  • Singh v. PCPO, 2018 ONSC 203
  • Dosanjh v. Maple Leaf Sports, 2016 ONSC 8005

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.


Rankings & Recognitions

  • University of Ottawa Faculty of Law, Dean’s list
  • Michigan State University College of Law, Dean’s list

Directorships & Affiliations

  • Franchise Law Section Executive for 2018-2019
  • Appointed as Newsletter Editor

Education & Admissions

2015
Called to the Ontario bar
2014
J.D., cum laudeUniversity of Ottawa
2014
J.D., cum laudeMichigan State University
2010
B.A. (Philosophy)University of Western Ontario

Insights by Mitch Koczerginski (42 Posts)

Cyber Justice: Ontario Court Recognizes New Tort of Internet Harassment

Feb 23, 2021

The Superior Court of Justice has recognized a new tort of internet harassment, indicating willingness to fashion new causes of action to address online abuse.

‘Why’d Ya Do It?’ The Supreme Court of Canada Explains the Duty to Exercise Contractual Discretion in Good Faith

Feb 17, 2021

The SCC recently released its long awaited decision in Wastech Services Ltd v Greater Vancouver Sewerage and Drainage District.

Emerging Competition & Data Privacy Issues for Real Estate Organizations

Feb 2, 2021

Changes to Canada’s privacy laws, developments with low-commission brokerages and changes to short-term rental regulations will impact real estate associations.

McMillan’s Automotive Industry Webinar Series – Part Two (February 9, 2021)

Jan 21, 2021

Join us for Part Two of McMillan's Automotive Industry Webinar Series

Potential Overhaul of Canadian Privacy Law – Is Your Organization Ready?

Jan 18, 2021

Potential Overhaul of Canadian Privacy Law – Is Your Organization Ready?

Amendment to Ontario Franchising Legislation

Aug 28, 2020

The Amendment to Ontario's franchise legislation coming into effect on September 1, 2020 brings changes that have been eagerly awaited by franchisors.

The Road to a “New Normal”: Contact Tracing and Privacy Considerations in Canada

Jun 1, 2020

Provinces across Canada are starting to lift COVID-19 restrictions and resume some economic and other activities.

9 Things You Should Do Right Now to Protect Your Franchise System During the COVID-19 Pandemic

May 13, 2020

Tips to help franchisors mitigate risks that may result from the COVID-19 pandemic and how to prepare for future emergency business interruptions

Caught by Release: Franchisees Can’t Have Their Cake and Eat It Too

Mar 30, 2020

New Vision Renaissance MX Ltd. v. The Symposium Café Inc confirms that Ontario Courts will uphold appropriately crafted releases given by franchisees.

2019 Year in Review: Privacy, Data Protection & Cybersecurity

Feb 4, 2020

Focusing our discussion on significant advancements, findings and key takeaways, we will present a “Year in Review” session that will cover many of the notable developments that occurred in 2019.

One-Year Anniversary of Mandatory Data Breach Reporting: Lessons the OPC Has Learned and What Businesses Need to Know

Nov 11, 2019

November 1st, 2018 marked a year since reporting data breaches became mandatory under the Personal Information Protection and Electronic Documents Act ("PIPEDA")

The Privacy Commissioner’s Guide to Protecting Personal Information in Cannabis Transactions

Jan 30, 2019

The Office of the Privacy Commissioner of Canada recently released a guidance document for Canadian private sector cannabis retailers who collect personal information from their customers.

Privacy, Data Protection & Cybersecurity Seminar

Nov 13, 2018

McMillan is pleased to host its third annual Privacy, Data Protection & Cybersecurity Seminar in Toronto.

A Word of Warning to Franchisors – ADR Provisions May Postpone the Limitation Period for Rescission

Nov 2, 2018

In PQ Licensing S.A. v. LPQ Central Canada Inc., the Court' decision hinged on the alternative dispute resolution provisions set out in the franchise agreement.

Trick or…Breach? PIPEDA’s Breach Reporting Requirements Come Into Force on November 1, 2018

Nov 1, 2018

This bulletin provides an overview of the new breach reporting requirements.

Is your Privilege Protected? Ontario Court Revisits Doctrine of “Implied Waiver of Privilege” in Recent Decision

Aug 23, 2018

Recent case law from Ontario confirms that a party seeking to rely on parts of privileged document cannot simultaneously claim privilege over the same document.

SCC Says Judges Have No Business Reviewing Decisions of Voluntary Associations

Jun 15, 2018

The recent Supreme Court of Canada decision in Highwood Congregation of Jehovah's Witnesses (Judicial Committee) v. Wall[1] holds that judges have no business

PIPEDA’s Breach Reporting Requirements Finalized, to Come Into Force November 1, 2018

May 15, 2018

Personal information where it is reasonable in the circumstances to believe that the breach creates a "real risk of significant harm"[1] to affected individuals

Recent Privacy Concerns Call for Increased Transparency and Control

Apr 26, 2018

In the midst of the Cambridge Analytica data scandal, businesses should consider whether their data handling practices are consistent with user expectations

If Online Reputation is Everything, Who Wants a Do-Over?

Mar 16, 2018

The Office of the Privacy Commissioner of Canada recently released a draft policy position regarding the protection of online reputation.

McMillan’s Second Annual Privacy, Cybersecurity and Data Protection Seminar

Nov 14, 2017

Members of McMillan’s Privacy, Cybersecurity, Data Protection groups will be discussing, for the second year running, how client and in-house counsel can educate their firms on how to navigate through privacy in the workplace, cyber security risks and data protection issues on Tuesday Nov 14, 2017.

Cybersecurity – The Legal Landscape in Canada

Oct 25, 2017

Cybersecurity – The Legal Landscape in Canada

Sneak Peek at PIPEDA’s Breach Reporting Requirements – Proposed Regulations Released for Comment

Sep 8, 2017

Sneak Peek at PIPEDA's Breach Reporting Requirements - Proposed Regulations Released for Comment

Server Location Not Definitive in Determining Jurisdiction Over Foreign Defendant

Aug 31, 2017

Server Location Not Definitive in Determining Jurisdiction Over Foreign Defendant

Release Me: Ontario Court of Appeal Clarifies When Franchisors Can Enforce Releases

Jul 11, 2017

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

Jun 29, 2017

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…”

Jun 9, 2017

Ontario Court of Appeal to Franchisors: "Comply with your disclosure requirements, or else..."

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

May 29, 2017

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

Are You Ready for CASL’s Private Right of Action?

Jan 30, 2017

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

The Cybersecurity Implications of Driverless Cars

Dec 14, 2016

The Cybersecurity Implications of Driverless Cars

“Going Dark” – No Easy Answers on the Cybersecurity Horizon

Nov 8, 2016

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

Privacy, Data Protection and Cybersecurity Seminar

Nov 3, 2016

As organizations are increasing their investment in data safeguards, McMillan’s Privacy Group would like to help our clients understand their core privacy, data protection and cybersecurity obligations and related legal issues.

A Good Liability Exclusion Clause Can Protect You From A Bad Termination Of Contract

Aug 24, 2016

A Good Liability Exclusion Clause Can Protect You From A Bad Termination Of Contract

Cybersecurity and the Internet of Things

May 17, 2016

Cybersecurity and the Internet of Things

Decrypting the iPhone – Everybody’s Got Something to Hide, Except Me and My Monkey

Mar 10, 2016

Decrypting the iPhone - Everybodys Got Something to Hide, Except Me and My Monkey

Introducing Safe Harbour 2.0: the EU-US Privacy Shield

Feb 16, 2016

Introducing Safe Harbour 2.0: the EU-US Privacy Shield

The Privacy Commissioner’s Annual Report on the Privacy Act

Feb 3, 2016

The Privacy Commissioners Annual Report on the Privacy Act

Can you keep a secret? The courts recognize a new tort for public disclosure of private facts

Feb 1, 2016

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

Dec 18, 2015

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

Nov 10, 2015

A Bring Your Own Device program permits employees to use their own personal electronic devices for both business and personal purposes.

Safe Harbour Not Safe Enough: Data Transfers From E.U. To U.S. Out To Sea

Oct 17, 2015

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

May 21, 2015

Monitoring the Mayor – B.C. Mayor alleges that computer monitoring violated his privacy