Minden Gross LLP Minden Gross LLP MERITAS
Section Head

A. Irvin Schein

Partner

Direct Line: (416) 369-4136
Fax Number: (416) 864-9223
ischein@mindengross.com
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Irvin is a senior partner and Chair in our firm's Litigation Group. He has also served in management on the firm's Executive Committee for over 10 years.

With over 30 years of litigation experience, Irvin has acted as counsel in a vast number of areas including: shareholders' rights and remedies, applications for injunctive relief and judicial review, wrongful dismissal, defamation, corporate and commercial disputes, international litigation, including jurisdictional disputes, negligence and tort claims, sexual abuse litigation, real property litigation including commercial development disputes and commercial leasing disputes, pension and employment benefits disputes, prosecution and defence of solicitors' negligence and professional malpractice claims, and environmental litigation.

In addition, Irvin is the head of the firm's Class Actions Group.

Irvin has acted on a number of high profile cases of national importance. He has conducted numerous cases against financial institutions and is particularly well known as having obtained an outstanding result for an entrepreneur client in an action against a financial institution which acted improperly in connection with a loan to the client. Notwithstanding the fact that the actual loan amounted to approximately $200,000.00, as a result of Irvin's efforts, the financial institution was ultimately ordered to pay almost $7 million in damages. Irvin was then successful in defeating the financial institution's appeal to the Court of Appeal. This case is widely regarded as one of the most important lender liability cases of the 1990's.

Irvin has also achieved success on behalf of financial institutions, including a judgment of the Court of Appeal allowing his lender client to recover its funds where its mortgage was discharged in error notwithstanding that the provisions of the Registry Act appeared to dictate the opposite result.

Irvin's experience in environmental litigation includes having acted for a financial institution whose mortgage security was impaired by toxic chemicals emanating from a neighbouring property.

Irvin has substantial experience with litigation of an international nature. Irvin routinely handles numerous matters for companies based in the Unites States and the United Kingdom.

Irvin also serves as a co-chair of the litigation section of Meritas worldwide. He has been very active throughout his career as an author and lecturer on litigation practice related matters.
Law School: Osgoode Hall Law School, LL.B. with Honours
Year of Call: 1980
Year Joined the Firm: 1983

Representative Industries Served

Irvin's clients include financial institutions, commercial landlords, commercial tenants, accounting firms, real estate developers, builders, real estate agents and property managers, franchisors, software developers, insurers, importers and distributors, retailers, automobile dealerships, meat processors, trucking companies, and other entrepreneurs.

Continuing Legal Education Lectures

  • Enforcement and Realization of Commercial Finance Security, topic: Real Estate Security Enforcements, April 15, 1993
  • Critical Issues in Power of Sale, paper entitled The Power of Sale Remedy, Insight, March 26, 1991
  • Lease Defaults & Enforcement: Rights, Remedies & Damage Control, paper entitled The Landlord's Rights and Remedies, February 5, 1991
  • Dynamite Discoveries: Proven Techniques for Maximizing the Information Obtained Prior to Trial, paper entitled Examination for Discovery The Financial Institution, November 13, 1995
  • Damages or Loss in Commercial Litigation, topic: Calculation of a Business Interruption Loss Claim, December 15, 1995.

Affiliations:

Canadian Bar Association
Law Society of Upper Canada

Articles by this Lawyer

Making use of NADAP, a closer look at industry arbitration

A Primer on Retaining & Relating to Outside Counsel

Caught in a Cross-Fire: The Erring Employee in the Borderland of Contract and Tort, The Advocates' Quarterly, V. 8, July, 1987 (Co-author)

Assignment and Subletting The Landlord's Consent: Practice and Procedure under Section 23 of the Landlord and Tenant Act, The Advocates' Quarterly, V. 10, February, 1989

Rule 31.06 of the Rules of Civil Procedure: Should Parties be Obliged to Provide Summaries of Witnesses Evidence at Trial, The Advocates' Quarterly, V. 10, May, 1989

Legal Secretaries and the Conflict of Interest Rule, The Advocates' Quarterly, V. 14, July, 1992

Is an Interlocutory Injunction Available to Enforce a Positive Operating Covenant in a Lease, The Advocates' Quarterly, V. 16, 1994

Assessment of Damages for Solicitors' Negligence in Real Estate Transactions, The Advocates' Quarterly, V. 18, 1996 (Co-author)

Why Hypothesis Should Not Replace History: Admissibility of Hindsight in Damage Claims, The Journal of Business Valuation, 1997

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