Philip Cho

Cho, Philip

Philip Cho

Partner

Contact Information

Phone:
416-218-5494
Fax:
416-225-6751
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Bar Admission
  • Ontario, 2002
Education
  • Queen's University, J.D. (2000)
  • University of Toronto, B.A. (Honours) (1997)

Biography

Philip Cho joined KRMC in 2011 and is a lawyer in KRMC’s Commercial Litigation and Insolvency group. Our group combines the various talents of accomplished litigators with trial and appeal experience before courts, arbitrators, administrative tribunals and regulatory bodies. Philip understands that clients expect their lawyers to address their immediate concerns, be incisive, bring clarity to the situation, exercise good judgment and work with them to minimize litigation's intrusive impact on their operations. When necessary or advantageous, he works with clients to develop workable alternate dispute resolution strategies. In bankruptcy and insolvency matters, Philip provides advice to debtors, creditors and trustees in the context of proceedings, disputes and transactions under the Bankruptcy and Insolvency Act, the Companies' Creditors Arrangement Act and related provincial legislation.

In September 2012, Philip was a panelist at the 20th Annual Conference of the International Association of Korean Lawyers, which took place in Los Angeles, California. Philip compared shareholder rights and remedies with lawyers from the U.S., South Korea and Germany. Philip has also been a presenter at the Law Society of Upper Canada’s Six-Minute Creditor/Debtor and Insolvency Lawyer series in 2009, 2010, 2011 and 2012.

Philip sits on the Board of Directors for the Korean Canadian Scholarship Foundation and was appointed Chairman of the Board in November 2012. Philip is also a member of the Korean Canadian Lawyers Association and served on its Executive Board in 2005. Through the Korean Canadian Lawyers Association, he was involved in initiating a legal support program for the Korean community which was launched in 2009.

Scope of Practice:
• Breach of contracts
• Negligence
• Receiverships, bankruptcy, proposals
• Creditor rights
• Mortgages and personal property security enforcement and disputes
• Shareholder disputes
• Employment disputes and litigation
• Construction liens
• Franchise disputes

Current and Past Engagements Include:
• Successfully upheld on appeal an order dismissing a motion to set aside default judgment before the Court of Appeal in a matter involving a claim for a return of purchase deposit from builder of new home
• Successfully enforced settlement agreement for bank resulting in a permanent injunction and having cross-application to set aside settlement agreement dismissed
• Successfully moved for variation of a mareva injunction for release of funds paid into court
• Successfully moved for leave to appeal in matter involving application of law of guarantee to underlying letter of credit agreement
• Involved in defending a duty to defend application relating to claims arising from environmental contamination
• Acting for Korean finance corporation in enforcement action on guarantees relating to real estate development project in Toronto
• Acting for US supplier of raw materials in Canadian bankruptcy proceedings
• Acting for large steel manufacturer in CCAA proceedings
• Acting for biotech company as licensee in receivership of the licensor of biopatents
• Acting for trustee in bankruptcy to set aside settlement as a preference
• Acting for renewable energy limited partnership in defence of claims by service provider
• Acting for principal shareholders of franchisee in matter involving allegations of fraud by other principal shareholder
• Acting for estate trustee of the estate of deceased shareholder in dispute over shareholder life insurance proceeds and oppressive conduct
• Acting for supplier of insulation products in defence of negligence claims on project involving construction of long-term care facility
• Acting for masonry contractor against general contractor on project involving construction of a Montessori school

Publications
"Demanding Repayment: What is Reasonable? The Reasonable Notice Requirement in Lister v. Dunlop", The Six-Minute Debtor-Creditor and Insolvency Lawyer 2012, The Law Society of Upper Canada
“Status Hearings Under Rule 48.14”, OBA Civil Litigation Section Newsletter, October 2012
• "A Secured Creditor’s Ability to Sell Assets Containing Personal Information", The Six-Minute Debtor-Creditor and Insolvency Lawyer 2011, The Law Society of Upper Canada
• "Dealing with Surplus Proceeds: A “Top-6” List", The Six-Minute Debtor-Creditor and Insolvency Lawyer 2010, The Law Society of Upper Canada
• "The Principal Debtor Clause in Guarantees", The Six-Minute Debtor-Creditor and Insolvency Lawyer 2009, The Law Society of Upper Canada
• "Court of Appeal Reverses $750,000 Bad Faith Jury Award", OBA, Insurance Law, Volume 13, No. 1

Professional Associations
• Ontario Bar Association
• The Advocates’ Society
• Korean Canadian Lawyers Association
• Federation of Asian Canadian Lawyers
• International Association of Korean Lawyers