Mark W. Crane Partner National Head of Arbitration


Speaks:  English

Year of Call: 2005 - Ontario

Primary phone: +1 416-862-4309

Fax: +1 416-862-7661

Email: mark.crane@gowlingwlg.com

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Primary office:  Toronto



Mark W. Crane

Mark Crane is a partner in the Advocacy Department of Gowling WLG's Toronto office. He is a member of the firm's Commercial Litigation, Construction & Infrastructure, Energy and Insurance & Professional Liability groups.

Mark is also the national lead of the firm's Arbitrations Group.

Mark's practice is focused on complex infrastructure disputes, as well as other commercial and professional liability matters. He represents clients, both internationally and domestically, across a broad range of industries, including professional engineering, construction, energy and mining, information technology and the public sector. His municipal liability practice includes police liability and misfeasance in public office.

In his infrastructure practice, Mark has significant experience working in various complex P3 project-related disputes including in projects involving transit/transportation (including rail, subways and highways), bridges, hospitals, as well as national heritage buildings and properties. Mark also has experience representing parties in disputes involving arctic marine infrastructure, commercial construction, real estate developments and energy projects.   

Mark has been successful in obtaining excellent outcomes for his clients through litigation, arbitration, negotiation or a combination of these approaches. He has been recognized by clients as having a practical and efficient approach to problem solving, and he has worked with clients and other counsel across Canada, the United States, Europe, Asia and Central America.

Mark is a member of the Executive of the Toronto Lawyers Association.

Prior to his legal career, Mark practised as a management consultant at a global consulting firm.

Career & Recognition

Filter timeline:

Memberships

  • Canadian Bar Association
  • The Advocates' Society
  • Toronto Lawyers Association

External Speaking and Writing Experience

In November 2018, Mark organized and led a panel discussion relating to Adjudication as part of the Annual ADR Institute of Canada Conference in Montreal.

In October 2018, Mark presented at the International Section of the New York State Bar Association Conference in the area of Dispute Resolution and Ethics.

In September 2018, Mark co-led the organization of and was one of the presenters in a session entitled Adjudication Under the Construction Act, hosted by Gowling WLG in Toronto.

In May 2018, Mark co-presented a webinar hosted by Gowling WLG entitled "International Arbitration & Trade Dispute Resolution".

In May 2018, Mark presented at the firm's Spring Construction Law Forum, discussing the topic of adjudication.

In November 2017, Mark spoke at the ALM – Akerman US Latin Legal Summit in Miami, relating to the topics of enforcement of foreign arbitral awards and foreign judgments.

In September 2017, Mark presented at the firm's International and Domestic Arbitration Session in Toronto, relating to the topics of third party funding and bi-lateral investment treaties. He was subsequently quoted in the Daily Commercial News in an article entitled "Third-party litigation funding: a new tool for construction disputes", dated October 4, 2017.

In September 2017, Mark presented at the firm's "Adjudication 101" seminar.

In June 2017, Mark presented at the firm's "Bill 142 The New Construction Lien Act" seminar.

In May 2017, Mark co-presented a webinar hosted by Gowling WLG entitled "International Arbitration: Effective Options in Latin America and Beyond".

In November 2016, Mark presented at the firm's Fall Construction Forum, relating to the proposed changes to the Construction Lien Act. He was subsequently quoted in the Commercial Daily News in an article entitled "What could adjudication look like under lien act reform", dated November 30, 2016.

In January 2016, Mark presented in New York to the Latin American Council of the New York Bar Association on the topic of international arbitrations and international arbitration agreements.

Mark is the co-author of an article entitled "Canadian Court Endorses Power of Arbitrator to Determine Competence-Competence", which was published in Arbitration News, Volume 20, No. 2, September 2015.

In 2015, Mark presented a webinar hosted by the Canadian Bar Association (CBA) entitled "Alternative Billing Arrangements: Is The Billable Hour Dead?".

In 2015, Mark was quoted in an article published by Canadian Lawyer entitled "Billable Hour Morphing into Alternative Arrangements".

In 2015, Mark was quoted in an article published by the CBA's National Magazine entitled "Alternative Fee Arrangements".

In 2015, Mark presented at the firm's Spring and Fall Construction Law Programs.

In 2014, Mark authored an article entitled "Ontario Court of Appeal approves Broad Jurisdiction in Claims of Conspiracy", which was published in the Toronto Law Journal.

In 2012, Mark was a speaker at the LDC Gas Forum Canada, where he provided regulatory updates from Ontario impacting the Industrial Gas Users Association, and was an instructor at the 2012 EUCI Canadian Electricity Regulation Course.

Mark is the co-author of an article entitled "The Independence Of Expert Witnesses", which was presented at the 2009 Eastern Regional Conference of The Canadian Institute of Chartered Business Valuators, and was published in the Journal of Business Valuation, 2010, Volume 1.

Mark is also a frequent speaker at events hosted by the Toronto Lawyers Association

Representative Work

International

  • Counsel to the Canadian affiliate of a leading global information and communications technologies solution provider in a $50 million international arbitration involving a complex contractual dispute
  • Counsel to Greta Energy relating to a fraud arising out of a wind turbine project in Estonia
  • Counsel to Mak Mera Nigeria Limited in relation to its dispute with James Bay Resources Limited, involving oil and gas assets in Nigeria
  • Counsel to The Kingdom of Swaziland in relation to a complex aviation dispute
  • Counsel to Haun Welding in relation to cross-border contractual disputes
  • Counsel to a party in litigation involving a US based Ponzi scheme

Commercial Litigation

  • Counsel to a global engineering company regarding its commercial litigation needs
  • Counsel to a national electricity retailer and gas marketer relating to breach of contract claims
  • Counsel to an Ontario energy services company focused in power distribution in relation to a complex contractual dispute
  • Counsel to a number of large Canadian financial institutions in matters involving fraud and reputational risk
  • Counsel to a Canadian truck body manufacturer in relation to a complex commercial lease dispute
  • Counsel to a national transportation company in relation to a shareholder dispute involving fiduciary duties

Professional Liability

  • Counsel to professional engineering corporations in the context of negligence and tort claims, as well as in the context of discipline matters before the Professional Engineers of Ontario.
  • Counsel to a financial advisor and a financial institution in the context of negligence claims.

Regulatory

  • Counsel to an intervener at the Ontario Energy Board in the context of rate rebasing and leave to construct proceedings.
  • Counsel to a North American energy retailer relating to compliance and licensing issues.

Municipal Liability

  • Counsel to the City of Toronto.
  • Counsel to the Cornwall Community Police Service and its members.

Administrative

  • Acted as Counsel to a party at the Cornwall Public Inquiry.
  • Counsel to the Ontario Real Estate Association in the context of arbitration appeals, and providing advice relating to litigation management issues.
  • Acted as Counsel with the Honourable Pat LeSage in the Report on the Eviction Prevention Policy of the Toronto Community Housing Corporation.