C SWAN - Key Persons
A Kingston native, she attended the University of Western Ontario after graduating from Kingston Collegiate Vocational Institute. She then went on to attain her J.D. from the University of Ottawa. While at law school, Keagan worked at the University of Ottawa Community Legal Clinic representing members of low-income communities in tenancy disputes.
Arthur Cunningham, KC, a well-known counsel and respected solicitor, operated his law office at 79 Clarence Street for 53 years. Arthur's sons, Douglas (Ben) Cunningham, QC, LLD, and Willis Cunningham, QC continued the law practice, and were later joined by Robert Little, QC, the Honourable Douglas Cunningham, QC, the Honourable Peter Milliken, MP and David Bonham, QC, FCA.
Job Titles:
- Partner in Our Family Law
Carolyn Shelley is a Partner in our Family Law group. She was born and raised in Kingston and was eager to return after pursuing an Honours degree at the University of Toronto and her LL.B. in Halifax. After her time at Dalhousie University, Carolyn articled with the Office of the Children's Lawyer. Today, she continues to represent children in high conflict custody/access and child protection proceedings as a panel lawyer for that same office. Carolyn's passion for Family Law is evident through her community work. Most notably, she is a member of the Association of Family and Conciliations Courts, the Collaborative Family Lawyers Association, and a Board Member for Girls Inc. In addition to litigation, Carolyn practices Collaborative Family Law. This process provides a separating couple with the opportunity to resolve their disputes respectfully, with a commitment that neither party will litigate. Carolyn provides services in every area of Family Law including:
Cunningham Swan is closely following Public Health guidelines and is equipped to work in the office or remotely as needed.
Job Titles:
- Partner in Our Litigation
David Adams is a Partner in our Litigation group, focusing primarily on civil, insurance, and criminal litigation.
He received his LL.B. at the University of Western Ontario before pursing an M.B.A. from the University of Ottawa in 2000. The latter allows him to work seamlessly with leading companies across Eastern Ontario to this day.
David started his career as an Assistant Crown Attorney and later, continued as Defence Counsel. He has conducted hundreds of trials, allowing him to vigorously defend his clients against some of the most serious charges in the Criminal Code. His M.B.A. allowed him to pursue a successful stint in the business industry, where he was responsible for several multi-million dollar military procurement contract negotiations.
In 2005, David was eager to return to Kingston, his hometown, after working for a major military aerospace and defence contractor. Staying connected to the community, he is currently an active member of the Kingston Criminal Lawyers Association and the Frontenac Law Association. David continues to support clients at Cunningham Swan in the following matters:
Civil litigation
Insurance defense
MVAs
Life and disability claims
Property loss
Professional liability
Criminal, quasi criminal, and regulatory charges
Personal injury
When he is not in court, David spends his time with family at Charleston Lake or skiing with his two children, or if you ask them - aspiring snow cross racers.
Job Titles:
- Associate
- Managing Partner
David Munday is the firm's Associate Managing Partner, as well as a Partner in our Real Estate and Municipal groups. He has been with the firm since 2009.
He attended the University of Guelph before attaining his J.D. from Queen's University in Kingston.
David is active in the Kingston community, holding positions on the executive committee of the Kingston Home Builders Association and its land development sub-committee. He has been a director of the Food Sharing Project which feeds over 12,000 hungry children in the greater Kingston area and is a past director of the Limestone Advisory for Child Care Programs.
David regularly supports his clients in the following matters:
Acquisition, disposition and financing of real property
Land development
Certification of title
Plans of subdivision, condominium, and new home construction
Construction lien matters
Commercial leasing
Commercial financing
Purchase, sale and financing of farm properties
Municipal governance
Municipal taxation and finance
Procurement, including RFP and Tendering
Freedom of Information
Roads and other municipal property issues
In his spare time, David can be found trying his hand at golfing and spending time with his two daughters.
Job Titles:
- Partner in Our Labour & Employment
Greg began his career at Cunningham Swan as an articling student in 2010. He was offered a position as an Associate shortly after due to his success. Today, Greg assists employers with matters relating to labour & employment law. He has appeared in the Ontario court of Justice, the Ontario Superior Court of Justice, and the Ontario Human Rights Tribunal. He has experience in Ministry of Labour proceedings, collective bargaining, mediation, arbitration and other forms of alternative dispute resolution.
Specifically, Greg can provide support in the following matters:
Review and preparation of employment contracts and policies
Claims and litigation relating to wrongful dismissal
Human rights proceedings
Ministry of Labour proceedings
Collective bargaining
Dispute resolution
Administrative proceedings
On the weekends, Greg can be found enjoying the great outdoors with his wife and two young kids.
Job Titles:
- Partner in Cunningham Swan 's Litigation
He acquired his J.D. from Queen's University in 2008 after studying Philosophy and Political Science at Huron University College and the University of Western Ontario in 2004. Today, James regularly provides advice and direction to Cunningham Swan's clients who are considering a lawsuit or defending actions. He keeps close ties to the community as a Trustee of the Marine Museum of the Great Lakes at Kingston and member of the Frontenac Law Association.
An advocate by nature, James has a litigation practice that includes a broad spectrum of municipal, corporate, commercial and contractual disputes. He appears regularly before the Ontario Superior Court of Justice and has experience at the Ontario Court of Appeal and various administrative tribunals. Specifically, James can support clients in the following matters:
Municipal zoning and by-law litigation
Municipal contract and construction litigation
Commercial lease terminations and enforcement
All manner real property litigation
Vesting Orders
Adverse possession claims
Prescriptive easements
Construction disputes and liens
Contract disputes
Fiduciary and shareholder disputes
Negligence and tort claims
Personal injury, LTD, accident benefits and other insurance claims
On the weekend, James can be found woodworking and experimenting with new materials and techniques. Often, this is followed by him wrapping duct tape around a new cut.
Job Titles:
- Partner in Our Labour & Employment
Kalen provides proactive and strategic advice to small and large employers in both the public and private sector on all matters relating to labour and employment law, including:
Review and preparation of employment contracts and policies
Claims and litigation relating to wrongful dismissal
Human rights proceedings
Ministry of Labour proceedings
Regulatory charges including charges under the Occupational Health and Safety Act (OHSA)
Workplace Safety and Insurance matters
Labour Arbitration
Dispute resolution
Administrative proceedings
Investigations
Collective Bargaining
An avid athlete, Kalen played Varsity Hockey at Harvard, captaining the squad to the National Championship game in her senior year. In her spare time, Kalen can be found at a local hockey rink or soccer field coaching or cheering on her daughters.
Job Titles:
- Builders Association Executive ( Director Ex Officio )
Job Titles:
- Partner and Head of Our Litigation
Lesley Kendall is a Partner in our firm's Family Law group. She studied Psychology at the University of Western Ontario, earning her B.A. and her M.A. before attending Queen's University for her law degree. Lesley joined Cunningham Swan in 2000 and is designated, by the Law Society of Upper Canada (LSO), as a Certified Specialist in Family Law. While she most often supports matters of Fertility Law, Domestic Contracts, and Arbitration, Lesley can provide service in the following areas:
Job Titles:
- Associate in Our Family Law
Lisa provides advice to clients on corporate commercial transactions and Ontario and Alberta energy sector matters. Lisa studied at the University of Ottawa before pursuing her L.L.B and Certificate in Energy and Environmental Law from Dalhousie University.
Prior to joining Cunningham Swan, Lisa practiced with a major national law firm in Toronto and Calgary, and in-house at ENMAX Corporation in Calgary. She maintains a strong interest in the energy and clean tech sectors and related environmental and economic policy matters, and in providing practical value-added legal services to clients in all sectors in their commercial or charitable pursuits.
Lisa provides advice to municipalities and private clients across Eastern Ontario on a wide range of municipal law, land use planning and development and municipal governance matters. Lisa's practice includes assisting with Integrity Commissioner investigations under the Municipal Conflict of Interest Act and Codes of Conduct and advising Council members regarding compliance with municipal governance policies and legislation. Lisa is also experienced in negotiating and drafting of a wide variety of municipal governance and land use planning and development agreements.
Lisa has appeared before various tribunals and levels of Court on a range of municipal, administrative and land use planning and development law matters.
Lisa was a summer student and articling student at a leading downtown Toronto law firm with a focus on administrative law prior to deciding to return to her hometown. Before pursuing a career in law, Lisa completed a Bachelor of Commerce at McGill University with a major in Finance and spent several years working in corporate banking at a large Canadian Bank in Toronto.
Lisa's work in administrative law has been published in the Canadian Competition Law Review and presented at the Annual National Forum on Administrative Law and Practice. Lisa has presented at the Kingston and the 1000 Islands Legal Conference and at seminars and training sessions on matters related to municipal law and municipal governance.
Job Titles:
- Partner in Our Business Law
Matt advises clients on all aspects of corporate law matters. He acts for vendors, purchasers, and lenders in asset and share transactions. Matt provides corporate, risk management, and structuring advice to a wide range of clients. Specifically, he advises on:
Mergers and acquisitions
Drafting and negotiating complex commercial agreements
Corporate structuring and governance
Corporate reorganizations
Financing transactions
Partnership and shareholder agreements
Commercial leases
Matt acts for profit and not-for-profit corporations and provides advice across the full spectrum of corporate and governance matters. He also provides clients with risk-management and mitigation advice on regulated or environmentally sensitive assets, contaminated lands, and brownfields remediation matters.
Matt studied Psychology at Queen's University before attaining his L.L.B. at the University of Windsor in 2008. Matt gained extensive experience with a leading national/international law firm out of its Toronto office before returning to Kingston to work at Cunningham Swan.
On the weekends, Matt can be found camping, hiking, boating, swimming, and hosting barbecues for his friends and family.
Job Titles:
- Partner
- Appointed Commissioner for the St. Lawrence Parks Commission
With strong ties to the Kingston community, Bob is a provincially appointed Commissioner for the St. Lawrence Parks Commission and sits on the Board of Directors for Hospice Kingston. He is the Vice-President of the Kingston Symphony Association and a member of many other local organizations.
Job Titles:
- Associate in Our Municipal Law Group
Spencer received his J.D. from Queen's University, where he was named to the Dean's Honour List and awarded the course prize in Tax Law. Spencer served as an executive of the Queen's Law Litigation Society and volunteered with Pro Bono Students Canada. Prior to law school, Spencer graduated with distinction from Queen's University with a Bachelor of Arts in History and Political Studies.
Spencer provides advice and representation to municipalities and individuals across Ontario in a variety of municipal matters, including:
Land use planning
Provincial Offences Act prosecutions related to municipal, building, and environmental regulations
Drafting and reviewing by-laws and agreements
Administrative law
Expropriations
Outside the office, Spencer spends his time hiking and playing rugby with Kingston's local club.
Job Titles:
- Corporate Records Coordinator
The Honourable Bonnie Warkentin, a former partner, was first appointed to the Northwest Region. In 2011, Bonnie was transferred to the East Region, sitting in Ottawa. In 2017 she accepted the position of Regional Senior Justice of the Northwest Region and returned to Thunder Bay to take on this role. Bonnie is currently a Justice of the Northwest Region.
The Honourable Douglas Cunningham, QC was appointed a Justice of the Ontario Superior Court of Justice, and then as Associate Chief Justice of that Court.
The Honourable Douglas M. Belch, QC was appointed a Justice of the Superior Court of Justice and presided in Kingston until his retirement from the bench.
Tony Fleming is the supervising Partner in our Municipal Law group. The Law Society of Upper Canada recognizes Tony as a Certified Specialist for his demonstrated expertise in the fields of Municipal and Land Use Planning and Development Law.
Tony holds an LL.B. from Osgoode Hall and an LL.M. in Environmental Law from Queen's University. Prior to joining Cunningham Swan, Tony was Senior Legal Counsel with the City of Kingston. Tony provided senior management and Council with advice on governance, land use planning and development and environmental law, building on his experience in private law firms in Toronto where he had practised as a land use planning and environmental lawyer.
His expertise in Municipal Law led to his current appointment as Integrity Commissioner for over 50 municipalities. He provides training to councillors on Codes of Conduct and the Municipal Conflict of Interest Act. When needed, he will support and conduct investigations of complaints and work with council members to resolve conflict.
Tony provides advice and counsel to numerous municipalities in Eastern Ontario on all aspects of municipal governance, including the following:
By-law drafting
Freedom of information
Conflicts of interest
Servicing
Procurement
Strategic planning and media relations
Negotiating and drafting a wide variety of agreements including: Cost sharing and front-end agreements, Municipal Responsibility Agreements, Shared services, Encroachments, Licences
Acting as prosecutor for municipalities, Conservation Authorities and Public Health Units under a variety of by-laws and statutes including the Building Code Act and the Municipal Elections Act
Further, Tony regularly provides advice to municipalities and private sector companies on all aspects of land use planning and development, including:
Subdivision control
Zoning
Condominiums
Official plan polices
Brownfields
Community improvements plans
Advice to ensure planning processes meet all the requirements of the Planning Act
Reviewing and revising draft documents to ensure they are enforceable and represent Council's intent
Appearing before the Ontario Land Tribunal and the Assessment Review Board
Appearing in all levels of Ontario Courts on administrative law matters, including defending challenges to municipal by-laws
Tony has acted for municipal and private clients in environmental law matters on a broad range of issues, including:
Contaminated land transactions
Contaminated land litigation
Managing the liability associated with landfills and other contaminated lands
Defending against prosecutions
Appealing Ministry orders
Defending against Ministry of the Environment orders
Managing regulatory investigations and prosecutions (Environment, Labour, Natural Resources, and Fisheries and Oceans)
Staying closely connected to the community, Tony speaks frequently at the invitation of the Ministry of Municipal Affairs and Housing, at the Ontario East Municipal Conference, Law Society of Upper Canada continuing legal education programs and private legal education conferences. He regularly delivers specialized training to municipal councils and their staff and delivered training for expert witnesses at the Ontario Land Tribunal for several Conservation Authorities and land use planners.
When he is not working, Tony can be found spending his weekends outside either fishing or hiking.