Mikel Pearce
Counsel
Mikel has spent nearly 25 years navigating the intricate world of insurance defence and coverage law. While not as adrenaline-fueled as skiing down a double black diamond or surviving a rugby scrum, it requires a similar tolerance for risk and bruises—albeit mostly to the ego. For almost a decade, he’s moonlighted as a breach coach, guiding Lloyd’s syndicates and a variety of domestic and international insurers through the digital equivalent of a house fire, all while maintaining the calm of someone who’s raised three teenagers and never once lost a dog.
His legal toolkit is sharpened by years as in-house counsel, a stint at a forensics firm, and the kind of responsiveness that only comes from being the guy who actually reads the fine print. Mikel’s approach is rooted in compassion—whether he’s helping clients through cyber crises or refereeing sibling disputes over who left the milk out. He’s a lifelong cyclist, skier, and rugby player, which means he’s no stranger to pain, perseverance, and the occasional questionable decision made at high speed.
When not lawyering or coaching breaches, Mikel can be found chasing his dogs, his kids, or the elusive feeling of having finished all his email. We can attest that he brings heart, humour, and a healthy respect for chaos to everything he does.
Expertise
- Cyber and Privacy
- Breach Response
- Directors’ and Officers’ Liability
- Professional Responsibility
- Private Company Disputes
- Product Liability Defence
- Construction Litigation
Representative Cases
- Hanson v. Totten Insurance Group Inc., 2018 ONCA 446 (CanLII) – Can a mortgagor claim on an insurance policy protecting only the mortgagee, following default on the mortgage? (No.)
- IPEX Inc. v. AT Plastics Inc., 2017 ONSC 7706 – disclosure of a third party settlement agreement with an alleged joint tortfeasor.
- McDowell and Aversa v. Fortress Real Capital Inc., 2017 ONSC 4791 (CanLII) – motion to strike various claims in a mortgage fraud class action.
- McCarthy-Oppedisano v Muter, 2017 ONSC 656 (CanLII) – anti-SLAPP motion and scheduling of delivery of materials and cross-examinations.
- Madden v Holy Cross Catholic SS, 2015 ONSC 1773 (CanLII) – motion for leave to add proposed defendants after the expiry of the applicable limitation period – allowed on discoverability issue.
- CIA Inspection Inc. v. Dan Lawrie Insurance Brokers Ltd., 2011 ONCA 706 (CanLII) – appeal of costs award.
- CIA Inspection Inc. and Dan Lawrie Insurance Brokers, 2010 ONSC 6527 – costs and pre-judgment interest issues on an insurance broker’s negligence action.
- CIA v. Lawrie, 2010 ONSC 3639 – insurance broker’s negligence action (trial decision)
- 1562860 Ontario Ltd. (Shoeless Joe’s) v. Insurance Portfolio Inc., 2011 ONCA 180(CanLII) – appeal of a stay relating to a release granted to an insurer and a third party claim against the insurer.
- National Bank of Canada v. Meneses, 2008 CanLII 25064 (ON SC) – Does lender owe duty to borrower to ensure the borrower can repay a loan? (No.) Successful motion for summary judgment.
- Sagl v. Cosburn, Griffiths & Brandham Insurance Brokers Limited, 2007 CanLII36644 (ON SC) – successful defence of insurance broker negligence action resulting from a fire and alleged arson.
Education
- LLB/JD, Osgoode Hall (1998)
- BA (Honours), Queen’s University (1994)
- Past President of the Board – York Swim Club (2021-2023)
- Assistant Coach – Toronto Dragons Rugby Club
- Ironman Finisher – Ironman Florida 2005 – 10:45
- Called to Bar: 2000 (Ontario)