Michael Comartin

Associate Toronto

Michael is an associate in Ogletree Deakins’ Toronto office. His diverse practice spans all areas of employment law, labour law, wage and hours issues, human rights, accessibility, and employee benefits and executive compensation. Michael also has experience with class actions, appellate litigation, and general litigation, having practiced in commercial and public law litigation at a previous firm, with an emphasis on class actions, judicial review, and international litigation.

Michael has appeared before the Court of Appeal for Ontario, the Divisional Court, the Superior Court of Justice, the Federal Court, the Ontario Labour Relations Board, the Human Rights Tribunal of Ontario and various labour arbitrators. Michael clerked at the Divisional Court. Michael regularly appears in Divisional Court as duty counsel as part of Pro Bono Law Ontario’s amicus project.

Michael was awarded the Medal in Law for highest standing in his graduating class. He is the only graduate of Queen’s University to receive three Dean’s Gold Scholar awards for placing first in each year of the JD program.

While at Queen’s, Michael served as a research assistant in labour and employment law, including with the Centre for Law in the Contemporary Workplace.


Experience

  • Co-counsel in several proceedings before the Superior Court of Justice, Divisional Court, and Federal Court, successfully defending the immunity of a foreign sovereign from the jurisdiction of Canadian courts
  • Counsel to an international franchise restaurant in responding to a human rights application alleging discrimination on the basis of disability and lack of accessibility, and in implementing a settlement improving accessibility for persons with disabilities across the client’s Ontario locations
  • Co-counsel providing strategic advice and litigation support to a leading financial institution in responding to certification of a class action relating to allegedly unpaid overtime
  • Co-counsel to a professional consulting business prosecuting judgment against a foreign sovereign for breach of contract in the Superior Court of Justice and the Ontario Court of Appeal
  • Co-counsel to a not-for-profit health care provider in responding to an appeal in Divisional Court and leave to appeal in the Court of Appeal in relation to costs arising from a civil claim by a former employee
  • Counsel in Superior Court for several objectors to a class action settlement relating to allegedly improper investment advice; the objectors succeeded in having court approval of the settlement adjourned pending their appeals of their entitlements
  • Co-counsel to plaintiffs prosecuting a proposed class action against the Crown relating to discrimination on the basis of disability in the calculation and payment of benefits
  • Co-counsel to a pharmaceutical manufacturer defending a class action relating to the alleged improper preparation of medical supplies, and defending the manufacturer against related regulatory proceedings
  • Counsel to employers and service providers in responding to human rights applications relating to alleged discrimination in employment and services relating to disability, gender, race, and national or ethnic origin
  • Amicus counsel in Divisional Court appeals, assisting self-represented litigants in motions before the Court as part of the Pro Bono Law Ontario Divisional Court amicus project
  • Experience in obtaining orders giving effect to requests for international judicial assistance in obtaining evidence in Ontario for use in foreign legal proceedings
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Media

Media Quotes

December 22, 2017 - Business Insurance - "Ontario boosts fines for workplace safety violations"

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