Michael C. Kwiatkowski
Partner
OFFICE: Calgary South
To quote Jeremy Bentham, 'The power of the lawyer is in the uncertainty of the law.'
With over a decade of extensive trial and arbitration experience, Michael’s primary focus is on construction-related, high-conflict issues and disputes, as well as commercial real estate disputes. Michael works on large-value and complex files.
Michael was an athlete on Canada's National Snowboard Team and is actively involved in professional sports organizations in the Vancouver and Calgary. He was a torchbearer for the 2010 Vancouver Olympic Games. In his leisure time, Michael enjoys flying and is a pilot of his Diamond Star 40.
Michael is the head of McLeod Law's Commercial Litigation group.
Michael is recognized by The Best Lawyers in Canada for work in Construction Law.
Education
- 2003 Simon Fraser University, BA
- 2007 University of Calgary, JD
Admissions
- 2008 Alberta
Experience
- Represents homebuilders, homeowners, general contractors, and sub-trades on contractual disputes, negligence and lien claims, and Alberta New Home Warranty and National Home Warranty disputes.
- Represents commercial landlords on tenancy issues.
- Counsel to one of Canada's largest ATM services providers.
- Counsel to Canada’s largest underground utility locator.
- Regularly appears in the Alberta Court of King's Bench and the Alberta Court of Appeal.
Notable decisions include:
- Lee v Canyon Plumbing & Heating Ltd, 2023 ABCJ
- Mersereau v Vulcan County (Development Authority), 2023 ABLPRT 583
- Colleen Nesbitt v. RCA - SDRCC 19-0428
- Gillman v Mitton Endorsement - 1501 09673
- Giustini v Workman, 2021 ABCA 383
CL Ranches Ltd v Rocky View County, 2021 ABQB 504 - Giustini v Workman, 2021 ABCA 65
- Kelana Holdings Ltd. v 393510 Alberta Ltd., 2020 ABQB
- Canterra Custom Homes Ltd. v. Curtis Engineering Associates Ltd., 2020 ABCA 115
- Canterra Custom Homes Ltd. v. Curtis Engineering Associates Ltd., 2019 ABQB
- The University of Calgary Students' Union v. The Governors of the University of Calgary and the University of Calgary, 2016 ABQB 550
- Direct Cash Processing Partnership v. Best Foods, 2016 ABPC
- Terry Coleman v. Rocky Barstad Contracting Ltd., Rocky Barstad and Ronald Barstad, 2010 ABPC
- Top Notch Garage Builders and Cement Contractors Ltd. v. Susan Henning, 2011 ABPC
- Azar Vani and Bahman Sepassi v. Condominium Corporation No. 8911860, 2011 ABPC
- Pendosi Holdings Ltd. v. The Forzani Group Ltd., 2011 ABCA 171
- Alliance Concrete Ltd. v. Robertson, 2014 ABQB 401
Resources
Publication
Cannabis Use - Not for Aviation Crew
Publication
Liability for damage caused by theft: Who pays?
- Recognition
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- Michael is recognized by The Best Lawyers in Canada for work in Construction Law.
RECENT MEDIA COVERAGE
- Interviewed in the Post-COVID commentary for restaurant and bar owners on handling their leases with landlords, with Joe McFarland on CHQR 770, June 25, 2020 (See the 43-minute mark of the Calgary Today Show here)
- Interviewed in "Small business grapples with big rents" on CTV News, June 24, 2020
- Quoted in "Desperate owners of poorly built homes in Alberta say industry expert let them down" in CBC News Edmonton, January 23, 2022.
- Memberships
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- Canadian Bar Association
- Law Society of Alberta
- Community
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- Alberta Snowboard Association
- Board of Directors, 2020-present
- HSBC Clean Air Champions Program and formerly with Esteem Team
- Motivational speaker, 1999-present
- Sport Dispute Resolution Centre of Canada
- Volunteer lawyer, 2004-present
- Alberta Snowboard Association
- Teaching Roles & Speaking Engagements
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Teaching Roles
LECTURER
Civil Litigation, Faculty of Law for Student Legal Assistance
University of Calgary
SESSIONAL INSTRUCTOR
Alberta CPLED Course
Speaking Engagements
SPEAKER
Commercial Default
Annual Real Estate Update, February 2017
SPEAKER
Contract Law and Enforcement
Alberta Roofing Contractors Association, July 2014
SPEAKER
Knowing Your Rights as a Landlord and a Tenant
Calgary Chamber Business Flood Recovery Expo, July 2013