Dan Chitiz is a founding partner at Chitiz Pathak LLP. Called to the Ontario bar in 1990, Dan is a commercial litigator, whose extensive practice covers complex contract disputes, oppression remedy and other shareholder based actions, commercial securities litigation, partnership and limited partnership disputes, franchise litigation, employment law, real estate and construction lien litigation.

Dan has appeared in all levels of the Ontario courts, including in a broad range of matters on the Toronto Commercial List as well as before the Divisional Court and the Court of Appeal for Ontario.

Dan has a comprehensive arbitration practice as lead counsel, as well as having qualified with his CIArb (Chartered International Arbitrator) designation and the Toronto Commercial Arbitration Society’s Gold Standard in Arbitration course.

Dan has successfully arbitrated under the Ontario Arbitration Act, the International Commercial Arbitration Act and NADAP before one member and three member domestic and international arbitration panels, including in addressing the following commercial issues in private arbitrations:

• Real Estate - determination of ownership rights and interests in various pieces of commercial and industrial real estate


• Intellectual Property/Contract - the enforceability of a Master Wholesale Agreement and related Software Licensing and Customer Agreements for the subscription of telecommunications and associated services


• Sports Franchises - Commercial Dispute - determination of ownership of a prominent hockey franchise


• Automobile Sector –Commercial Dispute - wrongful termination of an automobile dealership by a major North American automobile manufacturer


• Purchase and Sale of Media Business - Contractual Dispute - pertaining to working capital and post closing purchase price adjustments


• Oppression/Shareholder rights - oppression remedy application brought by a shareholder against the company’s institutional investor


• Insurance – Contractual Dispute - repudiation and conversion by Managing General Agent of a partner’s interest in joint venture


• Banking Sector - Commercial Dispute – misappropriation and breach by Master Franchisor of Canadian Franchisee’s supply of services to various Canadian banks


• Partnership liability – Accountants – successfully addressing shortfall in compensation and capital payments between accountants on their termination by a prominent accounting firm


• Broker Liability - breach by a registered investment advisor of its clients’ investment accounts


• Employment – addressing constructive dismissal of senior executives


• Real Estate – Contract Disputes – dispute over applicable lease rate on the extension of the term of a commercial lease

Dan has appeared successfully as lead counsel before various Administrative Boards across the province, including before the Agriculture, Food and Rural Affairs Tribunal on behalf of numerous farmers.

Publications, Speeches and Interviews

“The Good Conscience Constructive Trust - from Soulos to Moore - Where Do We Stand and the Potential Path Forward” – published in the Annual Review of Civil Litigation 2019 - described by Mr. Justice Todd L. Archibald, Superior Court of Justice as “a must read for all commercial litigators”.

“Auditors Liability and the Supreme Court Decision in Deloitte v Livent” – a presentation to the Greater Toronto Area Accountants Network and Greater Toronto Area Forensics Network .

“Identity Theft and Bank Fraud: the tale of Bonnie and Clyde in the Digital Age” - presentation to the Greater Toronto Area Accountants Network and Greater Toronto Area Forensics Network. A discussion of the case of BMO v Asia Pacific in which Chitiz Pathak LLP successfully acted for Asia Pacific against BMO in a dispute between two innocent parties to a fraud.

“Ontario Tobacco Farmers facing a new regulatory regime” – co-authored by Daniel Chitiz and Alastair McNish.

“Bidders and Beauty Contests: Protection of the Tendering Process and the true intention of contracting parties (update of the law since Ron Engineering)” - presentation at Federated Press conference on Tendering Law

“Sears CCAA proceeding potential effect on employee pension benefits” - CBC radio interview.

Bar Admission:
Ontario, 1990

Education:
Osgoode Hall Law School, LLB, 1989