Profile
Michael Kerr is a partner with Miller Thomson practicing primarily in the area of corporate commercial civil litigation, with a special emphasis on securities law and estate litigation.
He has experience in matters involving estates, trusts, contracts, shareholder disputes, matters involving fiduciary duties and wrongful dismissal claims.
Mr. Kerr has acted as counsel in a wide range of disputes at all levels of courts in Ontario and has represented clients before the Ontario Securities Commission as well as other self-regulatory organizations.
Mr. Kerr’s in-depth experience allows him to provide a pragmatic assessment of the situation, and well-reasoned recommendation for action. He ensures that each client is kept informed throughout the litigation process and that they are well prepared for decisions necessary at each stage.
Education
- LL.B., Osgoode Hall Law School, York University, 1977
- B.A. (Hons), University of Toronto, 1974
Representative Work
- Represented investment dealers with respect to allegations of brokers’ negligence and breach of duty
- Represented the director of a public company alleged to have breached fiduciary duties to shareholders
- Intervened on behalf of a pension fund regarding the exigibility of member’s funds
- Acted for shareholders in oppression actions
Other cases include:
- Interpretation of trust instruments and wills
- Breach of duty by trustees
- Contested wills arising from lack of capacity or undue influence
- Contested wills arising from formal deficiencies
- Quantum merit claims
- Contested passing of accounts
- Cy près applications
- Negligence by executors or trustees
- Claims against estates by third parties
- Actions by or against charities
Selected Reported Decisions
- Kaptyn Estate, Re., 2008 CarswellOnt 6071 (trial of issue as to whether testator had testamentary capacity at time of execution of codicil)
- Wronko v. Western Inventory Service Ltd. (2008), 65 C.C.E.L. (3d) 185 (Ont. C.A.) reversing (2006), 54 C.C.E.L. (3d) 50 (Ont. SCJ) (appeal by employee from judgment dismissing his claim for wrongful dismissal damages; Court of Appeal held that employee was entitled to insist on the employer’s adherence to the fundamental terms of an employment contract)
- Sport Hawk USA Inc. v. New York Islanders Hockey Club, 2008 CarswellOnt 2488 (successful motion by the defendant for an order that purported service of statement of claim was invalid, dismissing or permanently staying the action and requiring the parties to proceed to arbitration in New York in accordance with the Operating Services Agreement, to which they were parties)
- Archibald Estate, Re. (2007), 36 E.T.R. (3d) 219 (application by estate trustee for passing of accounts)
- Better Beef Ltd. v. MacLean (2006), 80 O.R. (3d) 689 (successful application by employer for judicial review of decision of Pay Equity Hearings Tribunal confirming decision of Review Officer that release signed by employee upon termination was not binding)
- Dumoulin v. Ontario, [2006] O.J. No. 1233 (successful defence denying certification of toxic mould claim in relation to the Newmarket court house)
- Loblaw v. Loblaw, [2005] W.D.F.L. 1675 (application by wife for order transferring husband’s public service pension plan to her or for alternative relief)
- Hooper v. Hooper (2002), 213 D.L.R. (4th) 548 (Ont. C.A.) (appeal from a judgment dismissing a husband’s application for a variation of a support order under the Family Law Act and granting a wife’s motion under the Court of Justice Act appointing her an equitable receiver of the husband’s pension benefits)
- Bloorview Childrens Hospital Foundation v. Bloorview MacMillan Centre (2002), 22 B.L.R. (3d) 182 (application by foundation for declaration it owned, and was entitled to control, capital of foundation)
- YBM Magnex International Inc. (Re) (2003), OSCB 5285 (represented a director of the company in an OSC hearing concerning the alleged failure to make adequate prospectus disclosure)
Memberships
- Canadian Bar Association
- American Association of Justice
- The Advocates' Society
- Medical Legal Society (Director)
- Lawyers' Club
Presentations
- “Mental Capacity and Incapacity: What the Gift Planner Should Know”, 16th Annual Canadian Association of Gift Planners Conference (Niagara Falls, ON: April 22-24, 2009)
- “Use of Discovery Transcripts at Trial and Objections”, OBA (2009, 2008)
- “Protecting the Gift”, Canadian Association of Gift Planners National Conference, (Calgary: April 2006)
Faculty Experience
- Past Instructor, Osgoode Hall, Trial Advocacy Program
- Past Instructor, Rotman School of Management, University of Toronto, Forensic Investigators Program
Publications
- Ademption: Beware the Potential Failure of Gifts, Wealth Matters, Spring 2011
- Beware the Duty to Account for Assisting an Elderly Parent!, Wealth Matters, Winter 2008- 2009
- Court of Appeal Rules on Employer's Attempt to Alter Fundamental Term of Employment Contract, Labour and Employment Communiqué, November 13, 2008
- Leather and Weather: Revisited, eSecurities Notes, October 23, 2007
- Dealing with Older Donors, OBA Charitable Thoughts, 2006
- Update: Leather and Weather, eSecurities Notes, December 6, 2004
- Pension vs. Seizing Creditors, Financial Services & Insolvency Newsletter, Fall 2002
- Legacies: A Matter of Some Interest, 16 Est. & Tr. J. 305, 1997
- Legacies: A Matter of Some Interest, 16 Est. & Tr. J. 257, 1997
Key Practice Expertise
Year of Call
- Ontario Bar, 1979