Dylan Esch is a civil litigation lawyer working out of Field Law’s Calgary office. He practices in the areas of mortgage foreclosures, primarily on behalf of large lending institutions in a commercial and residential context, collections, bankruptcy, insolvency and restructuring, insurance defence, commercial tenancy and fraud.
Mortgage Recovery, Unsecured Lending and Collections
Dylan regularly acts for national and regional banks, coordinating mortgage enforcement at all stages of the process, from the demand letter to payout, foreclosure or judicial sale. Field’s focus on process improvement and the use of specialized paralegals results in a quicker and more cost effective resolution for clients. Dylan also understands that for many of these clients, reputational risk is something which must be carefully managed and as a result he has cultivated a reputation for vigorously pursuing litigation in a way that is professional and courteous, yet efficient.
Dylan also has experience dealing with the large volumes of debtors Residents Associations can generate in a short timeframe and their particular needs collecting funds.
Dylan’s foreclosure and fraud practices have also given him a broad understanding of the Land Titles System in Alberta and as a result he has developed experience with all manner of land related claims ranging from priority issues, improperly registered mortgages and caveats, trespass and boundary issues, access easements, co-ownership and restrictive covenants.
In particular, Dylan has developed an interest in the legal issues which surround condominium corporation development and administration, with a focus on providing litigation services related to collection of outstanding condominium fees and special assessments and the many other legal issues which property managers and condominium boards can be faced with.
Bankruptcy, Insolvency and Restructuring
Dylan also regularly acts for creditors, trustees and monitors in a wide range of insolvency and debt realization proceedings assisting with recovery of debt, protection from creditors, fraudulent preferences and conveyances, formal bankruptcy, receiverships and CCAA actions.
Although Dylan primarily acts as a civil litigator with an emphasis on commercial litigation, he also has a passion for assisting clients who have been impacted by fraud in all contexts. As a result, he is well versed in the extraordinary remedies available from the Court, such as Prohibitive and Mandatory Injunctions, Mareva Injunctions or Attachment Orders, Norwich Orders and Preservation Orders. Dylan has also has experience with conversion claims against lending institutions under the Bills of Exchange Act as a result of employee fraud.
Dylan regularly appears before the Provincial Court of Alberta and the Court of Queen’s Bench and is the current Co-Chair of the Canadian Bar Association Foreclosure Subsection for Southern Alberta. Dylan is a proud new father who enjoys spending time with his wife, daughter and dog Comox in the mountains or river valley. He also enjoys variety of team sports ranging from Hockey and Basketball to Volleyball and Ultimate.