Mitch Koczerginski Photo
Mitch Koczerginski Photo
Mitch Koczerginski Photo

Mitch Koczerginski is an accomplished commercial litigator. His practice is focused on privacy & data security, franchising and commercial leasing.

Mitch routinely provides strategic advice to clients in connection with data breaches involving sensitive personal and confidential information. He counsels clients through all aspects of the incident response process, including compliance with legal obligations, managing privilege issues and implementation of an effective communications strategy. Mitch also regularly advises clients regarding the privacy law implications of new products, services, technologies and initiatives, and helps to develop privacy compliance programs and policies.

With extensive experience across a variety of industries, Mitch acts for a range of domestic and international franchisors, manufacturers and distributors . He regularly litigates franchise and distribution disputes, including in connection with the termination of agreements, allegations of bad faith, and breaches of de-identification, non-competition and confidentiality covenants. He is also an active member of the Executive of the Ontario Bar Association’s Franchise Law Section.

Mitch frequently advises and represents landlords and tenants regarding a variety of leasing disputes, including in connection with contested maintenance and rental charges, enforcement of restrictive covenants and applications for relief from forfeiture.

Mitch’s clients engage him to provide advice on a broad range of commercial disputes because he brings a strategic and creative approach to conflict resolution. Mitch’s advice is drawn from an in-depth understanding of a client’s business objectives and concerns, which leads to practical solutions to complicated legal issues.



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.


News


Rankings & Recognitions

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

Directorships & Affiliations

  • OBA Franchise Law Section  Executive for 2019-2020 (Technology Liaison), 2020-2021 (CPD Liaison), 2021-2022 (CPD Liaison) and 2022-2023 (Newsletter Editor).
  • OBA Privacy and Access to Information Law Section 2022-2023 (Newsletter Editor)
  • Franchise Law Section Executive for 2018-2019
  • Appointed as Newsletter Editor

Education & Admissions

2020
Certified Information Privacy ProfessionalIAPP
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

Publications

Insights (57 Posts)

Featured Insight

The Exclusion of Intrusion Upon Seclusion: Ontario Court of Appeal definitively determines that “Database Defendants” cannot be held liable for intrusions committed by third-party hackers

The Court of Appeal for Ontario released a trio of decisions that materially impact the viability of class actions following a data breach.

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Dec 1, 2022
Featured Insight

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

Join McMillan's Privacy & Data Protection Group on Wednesday, December 7th for an overview of recent significant legal developments, tips on complying with new and forthcoming obligations under Quebec’s Bill 64, and discussions about hot topics in data management.

Details
Wednesday, December 7, 2022
Featured Insight

The Road to Canada’s Open Banking Framework: Updates from the Working Group Meetings

Four working groups have been working to develop common rules, accreditation criteria, and technical standards for open banking in Canada.

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Nov 2, 2022
Featured Insight

Taking Control: Proactive Data Breach Preparedness and Responsible Incident Management

Join us on Tuesday, June 21st as members of our Privacy and Technology Groups discuss how your organization can proactively prepare in order to be in control if and when an incident occurs and to take measured and responsible steps to prevent and manage the associated legal and business risks.

Details
Tuesday, June 21, 2022
Featured Insight

Federal Privacy Commissioner Releases Key Recommendations for a New Federal Private Sector Privacy Law

The Office of the Privacy Commissioner of Canada released a summary of its key recommendations for a new federal private sector privacy law in Canada

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May 17, 2022
Featured Insight

Open Banking: What it is and what it means for you

As we have received a number of questions from clients regarding our open banking bulletins, we are putting together an interdisciplinary panel of experts to take a deep dive into the implications of an open banking system in Canada, exciting developments & expectations for further progression.

Details
Thursday, June 2, 2022
Featured Insight

Data Collection and Protection in the Automotive Sector

Join us on Thursday, April 28, 2022 as members of McMillan's Privacy & Data Protection Group discuss privacy and data protection issues relevant to the automotive industry.

Details
Thursday, April 28, 2022
Featured Insight

Federal Government Appoints Open Banking Lead

The federal government has named Abraham Tachjian to lead the development of open banking in Canada, following an open letter from prominent fintech executives.

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Mar 23, 2022
Featured Insight

Canadian Centre for Cyber Security Releases Ransomware Playbook

Ransomware attacks are on the rise. The Canadian Centre for Cyber Security released a ransomware playbook to help companies prepare for and respond to attacks.

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Dec 21, 2021
Featured Insight

Transport Canada Releases Updated Guidelines for Testing Automated Driving Systems

Transport Canada released the Guidelines for Testing Automated Driving Systems in Canada Version 2.0 to replace its previous 2018 guidelines.

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Dec 21, 2021
Featured Insight

Urgent Cybersecurity Alert Regarding Apache Log4j

Canada’s Minister of National Defence has issued a statement regarding a recently identified critical vulnerability in the Apache Log4j logging product.

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Dec 13, 2021
Featured Insight

McMillan’s Annual Privacy, Data Protection and Cybersecurity Webinar

Our lawyers will provide an overview of important case law developments, regulatory guidance, upcoming statutory changes, and hot topics in Privacy, Data Protection & Cybersecurity

Details
Wednesday, November 10, 2021
Featured Insight

Privacy Implications of an Open Banking System in Canada

Canada’s Advisory Committee on Open Banking's final report- the privacy and data security implications of an open banking system in Canada.

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Oct 12, 2021
Featured Insight

Another Franchisor Freshly Squeezed by Material Deficiencies in its Disclosure Document

The Court in Freshly Squeezed applied the Raibex test to determine what deficiencies in disclosure entitle a
franchisee to the two-year rescission remedy.

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Jun 14, 2021
Featured Insight

No Damages for Minor Stress and Inconvenience: Quebec Court Dismisses Data Breach Class Action

In March, the Québec Superior Court released a rare decision in which it dismissed a privacy class action on the merits.

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Jun 9, 2021
Featured Insight

Cyber Justice: Ontario Court Recognizes New Tort of Internet Harassment

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.

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Feb 23, 2021
Featured Insight

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

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

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Feb 17, 2021
Featured Insight

Emerging Competition & Data Privacy Issues for Real Estate Organizations

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

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Feb 2, 2021
Featured Insight

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

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

Details
February 9, 2021 - 1:00 pm to 2:30 pm ET
Featured Insight

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

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

Details
January 20, 2021 - 11:00 pm to 2:00 pm ET
Featured Insight

Amendment to Ontario Franchising Legislation

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

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Aug 28, 2020
Featured Insight

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

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

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Jun 1, 2020
Featured Insight

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

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

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May 13, 2020
Featured Insight

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

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

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Mar 30, 2020
Featured Insight

2019 Year in Review: Privacy, Data Protection & Cybersecurity

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.

Feb 4, 2020
Featured Insight

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

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

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Nov 11, 2019
Featured Insight

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

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.

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Jan 30, 2019
Featured Insight

Privacy, Data Protection & Cybersecurity Seminar

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

Details
November 13, 2018 - 8:30 am to 12:15 pm
Featured Insight

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

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.

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Nov 2, 2018
Featured Insight

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

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

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Nov 1, 2018
Featured Insight

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

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.

Read More
Aug 23, 2018

SCC Says Judges Have No Business Reviewing Decisions of Voluntary Associations

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

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Jun 15, 2018
Featured Insight

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

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May 15, 2018
Featured Insight

Recent Privacy Concerns Call for Increased Transparency and Control

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

Read More
Apr 26, 2018
Featured Insight

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

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

Read More
Mar 16, 2018
Featured Insight

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

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.

Details
November 14, 2017
Featured Insight

Cybersecurity – The Legal Landscape in Canada

Cybersecurity – The Legal Landscape in Canada

Read More
Oct 25, 2017
Featured Insight

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

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

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Sep 8, 2017
Featured Insight

Server Location Not Definitive in Determining Jurisdiction Over Foreign Defendant

Server Location Not Definitive in Determining Jurisdiction Over Foreign Defendant

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Aug 31, 2017
Featured Insight

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

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

Read More
Jul 11, 2017
Featured Insight

Supreme Court of Canada Turns the Other Cheek: Facebook’s “Terms and Conditions” – Forum Selection Clause Unenforceable

Supreme Court of Canada Turns the Other Cheek: Facebook's "Terms and Conditions" – Forum Selection Clause Unenforceable

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Jun 29, 2017
Featured Insight

Ontario Court of Appeal to Franchisors: “Comply with your disclosure requirements, or else…”

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

Read More
Jun 9, 2017
Featured Insight

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

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

Read More
May 29, 2017
Featured Insight

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

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

Read More
Jan 30, 2017
Featured Insight

The Cybersecurity Implications of Driverless Cars

The Cybersecurity Implications of Driverless Cars

Read More
Dec 14, 2016
Featured Insight

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

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

Read More
Nov 8, 2016
Featured Insight

Privacy, Data Protection and Cybersecurity Seminar

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.

Details
November 3, 2016 - 7:30 am to 12:30 pm EST
Featured Insight

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

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

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Aug 24, 2016

Cybersecurity and the Internet of Things

Cybersecurity and the Internet of Things

Read More
May 17, 2016
Featured Insight

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

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

Read More
Mar 10, 2016
Featured Insight

Introducing Safe Harbour 2.0: the EU-US Privacy Shield

Introducing Safe Harbour 2.0: the EU-US Privacy Shield

Read More
Feb 16, 2016
Featured Insight

The Privacy Commissioner’s Annual Report on the Privacy Act

The Privacy Commissioners Annual Report on the Privacy Act

Read More
Feb 3, 2016
Featured Insight

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

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

Read More
Feb 1, 2016
Featured Insight

Who Drives Whom? Driverless Car Pilot Project to Hit the Road in Ontario in 2016

Who Drives Whom? Driverless Car Pilot Project to Hit the Road in Ontario in 2016

Read More
Dec 18, 2015
Featured Insight

Bring Your Own Device (“BYOD”) Programs: Strategic Considerations to Reconcile Security and Privacy Issues

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

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Nov 10, 2015
Featured Insight

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

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

Read More
Oct 17, 2015
Featured Insight

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

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

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May 21, 2015

Deals & Cases (2 Posts)

Featured Insight

Hansen Technologies Limited Acquires Sigma Systems for C$152.5 million

Sigma Systems, a company majority owned by Birch Hill Equity Partners Management since 2015, was acquired by Hansen Technologies Limited. McMillan LLP acted as lead counsel to Hansen with a team lead by JR Beaudrie

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May 31, 2019
Featured Insight

Competition Bureau Clears SABMiller/AB InBev Global Beer Merger

Competition Bureau Clears SABMiller/AB InBev Global Beer Merger

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May 31, 2016