Susan M. Brown | Fraser Milner Casgrain LLP

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Susan M. Brown LL.B., M.P.A., B.A. (Hons.), Partner

Susan is the Ottawa partner responsible for the litigation aspects of insolvency, bankruptcy and restructuring. Susan’s current commercial litigation practice includes matters relating to: environmental law (particularly contaminated real estate), forestry, construction, transportation, energy, private international law and commercial leasing disputes.

Susan has worked with trustees, receivers, financial institutions and other creditors on the full range of commercial issues throughout the province of Ontario and nationally. For the past twenty years she has also conducted a financial services practice including commercial real estate, leasing and secured lending.

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Susan is the Ottawa partner responsible for the litigation aspects of insolvency, bankruptcy and restructuring. Susan’s current commercial litigation practice includes matters relating to: environmental law (particularly contaminated real estate), forestry, construction, transportation, commercial leasing disputes and mortgage enforcement.

Representative Work

Momentous.ca Corporation et al v. Canadian American Association of Professional Baseball Ltd. et al

Successfully represented Honeywell Inc. at the Court of Appeal for Ontario on enforcement of foreign jurisdiction clause (Expedition Helicopters Inc. v. Honeywell Inc., 2010 ONSC 732) resulting in a stay of the Ontario proceeding

Successfully represented Spirent Communications on Ontario Court of Appeal ruling that a delay in occupancy is not a fundamental breach (Spirent Communications of Ottawa Limited v. Quake Technologies (Canada) Inc., 2008 ONCA 92)

Reviewed CCDC contracts and lease for the construction of a research laboratory for a pharmaceutical client

Acted in construction lien litigation for general contractor, suppliers and sub-contractors as well as financial institutions and owners

Publications

"Governing Law Clauses: Just Jurisdiction, an Evolving Area of Law in Ontario - Updated 2012", presented to the CCLA Solicitors' Conference, May 2012

"Governing Law Clauses: Just Jurisdiction, an Evolving Area of Law in Ontario - Updated 2011", presented to the CCLA Solicitors' Conference, May 2011

"Governing Law Clauses: Jurisdiction, an Evolving Area of Law in Ontario", presented to the CCLA Solicitors' Conference, May 2010, with Leanna Olson

"New LSUC Client Identification and Verification Requirements", presented to the CCLA Solicitors' Conference, May 2009, with Maria Barrett-Morris

Mentoring: A Career Must!

Recent Industry Developments in Plant Shutdowns, Aboriginal Relations and Ontario Stumpage

"Collecting Accounts Using the Solicitors Act", presented to the CCLA Solicitors’ Conference, May 2008

"What’s New for the Next Economic Downturn", prepared for the CCLA Solicitors’ Conference, May 2007

"Income Splitting, Attribution and Family Trusts", presented to CCLA Solicitors’ Conference, May 2005, with Laura Kerr

"Security Realization and the Farm Debt Mediation Act", presented to CCLA Solicitors’ Conference, May 2001, with Tara Snell

"The Effect of Canadian Payments Association Compliance Panel Decision on Civil Court Litigation", National Banking Law Review, August 1999, Vol. 18, No. 4, with William T. Houston

"A Guide for Mortgagees to Part XI of the BIA", client presentation, May 1994

"Wolverine Tube, D.I.R. Tough on Price Fixers, Retail Gas Price Review, Cullen Chastises NEB Chairman and GATT Update", Canadian Competition Policy Record (“CCPR”), December 1991, Vol. 12, No. 4

"Natural Gas Exports to the United States Threatened by the Domenici/Worth Amendment and NEB Changes Market-based Procedure", CCPR, December 1991, Vol. 12, No. 4, with William T. Houston

"Canadian Gas Exports for Independent Electricity Generation", Canada-U.S. Trade, December 1991, Vol. 4, No. 10, with William T. Houston

"Canadian International Trade Update", Canada-U.S. Business Law Review, 1992, 5 CULBR 187, with Brenda Swick-Martin

Teaching Roles

Instructor, Insolvency section, Bar Admission Course, Law Society of Upper Canada (1998-2005)

Instructor, Sections of Commercial Law and Creditors Rights courses, LL.B., University of Ottawa

Prior Speaking Engagements

Presenter, "Practice Options", LSUC Women Lawyers' Symposium, February 5, 2010, Ottawa, Ontario

Presenter, "Insolvency and Environmental Law", Environmental Law Forum, January 20-22, 2010, Cambridge, Ontario

Presenter (2001, 2005, 2008, 2009 and 2010), Moderator and Organizer (1999-2004 and 2008 to present), Co-Chair (2000-2004), East Region Solicitors Conference, Carleton County Law Association

Session 1 Program Chair and Presenter, Mentoring: A Career Must!, Women in Law Conference, March 24, 2009

Presenter, Telecommunications Tower and Antenna Siting Policies and Practices, 2nd Annual Municipal Wireless Summit, Pre-Conference Workshop, January 2008

Presenter, Lenders at Risk Dealing with Contaminated Land, 10th Annual Conference on Environmental Management, Compliance and Engineering, 2002, April 9, 2002

Presenter, Directors’ Liability, Bankruptcy and Insolvency Law Update, Law Society of Upper Canada, March 5, 1999