practice areas.

Corporate & Commercial Disputes

 

We have extensive experience acting for a broad range of clients in commercial disputes in the trial and appellate courts across Ontario

Our commercial litigation practice spans the spectrum of business-related disputes, including:

  • Breach of contract;

  • Breach of trust/fiduciary duties;

  • Broker/dealer and investment litigation;

  • Civil fraud;

  • Commercial insurance claims;

  • Corporate/shareholder disputes, including under the oppression remedy;

  • Debt collection/enforcement;

  • Defamation (libel/slander, anti-SLAPP);

  • Directors’ and officers’ liability;

  • Enforcement of domestic and foreign equitable and monetary judgments;

  • Mortgage enforcement;

  • Partnership disputes;

  • Professional liability (errors and omissions claims involving many different types of professionals, including accountants, engineers, realtors, financial advisors, lawyers, and health-care workers);

  • Real estate disputes;

  • Securities litigation; and

  • Wrongful dismissal litigation.

We also have significant experience in obtaining urgent interlocutory remedies, including Mareva injunctions, Norwich orders and orders for the interim recovery of personal property.

In recent years, our practice has also involved cross-border claims for securities misrepresentation in the primary and secondary markets involving publicly traded companies operating in a diverse range of industries and geographical locations, including mining and offshore oil and gas exploration. In the context of this practice, we have recovered millions of dollars for investors.

We are sensitive to our clients’ needs and objectives in commercial disputes. We strive to pursue our clients’ cases in an efficient and cost-effective manner.

Estates/Trusts Litigation

 

Our lawyers have significant experience acting for a wide variety of clients in complex estate and trust disputes

We help our clients navigate and assertively prosecute a wide spectrum of complex estate and trust claims, including claims involving:

  • Breach of trust, breach of fiduciary duty, and fraud;

  • Capacity, including claims against guardians, substitute decision makers, and proceedings before the Consent and Capacity Board;

  • Dependant relief, including under Part V of the Succession Law Reform Act;

  • Changes in corporate ownership and governance involving multiple generations of the same family;

  • Estate freezes;

  • Powers of attorney;

  • Quantum meruit;

  • Professional negligence;

  • Removal of executors, administrators, and trustees, and compelling passing of accounts; and

  • Will challenges, including claims involving the interpretation of wills, codicils and inter vivos and testamentary trusts.

We understand that estate and trust disputes can be difficult and emotional. Our lawyers strive to act with compassion in advancing our clients’ interests both in and outside of the courtroom.

 

Class Proceedings

 

We have extensive experience acting for plaintiffs and defendants in domestic and cross-border class proceedings in Ontario and in other jurisdictions.

Lawsuits commenced as class proceedings, whether by action or application under the Ontario Class Proceedings Act, 1992, are often complex and risky to pursue. They require specific expertise to prosecute and defend successfully.

Class proceedings provide a procedural mechanism for numerous individuals with relatively small claims to pursue collective remedies in court against large and sophisticated defendants. Ontario’s class proceedings laws are driven by three goals: judicial economy, access to justice, and behavioural modification.

Class proceedings present unique challenges to defendants, including negative reputational consequences, protracted and complex litigation, and typically large defence costs.

Class proceedings have been certified by the Ontario courts in recent years in a range of cases, including claims made under or in respect of:

  • Condominium laws.

  • Competition laws, including price-fixing conspiracies under the federal Competition Act.

  • Employment laws.

  • Franchise laws, including under the Ontario Arthur Wishart Act.

  • Institutional abuse.

  • Products liability, including pharmaceuticals and medical devices.

  • Professional negligence.

Securities Misrepresentation in the primary and secondary trading markets, including under Parts XXIII and XXIII.1 of the Ontario Securities Act.

Under section 5 of the Class Proceedings Act, 1992, a class proceeding must be certified (that is given permission by the court to proceed as a class proceeding) if the following five-part test is met:

(a) The pleadings disclose a cause of action;

(b) There is an identifiable class of two or more persons that would be represented by the representative plaintiff;

(c) the claims of the class members raise common issues of fact or law;

(d) a class proceeding is the preferable procedure for the resolution of the common issues; and

(e) There is a representative plaintiff who, (i) would fairly and adequately represent the interests of the class, (ii) has produced a plan for the proceeding that sets out a workable method of advancing the proceeding on behalf of the class and of notifying class members of the proceeding, and (iii) does not have, on the common issues for the class, an interest in conflict with the interests of other class members.

The third and fourth criterion are often the most contentious: whether the claims raise common issues, and whether a class proceeding is the preferable procedure for their resolution by the court.

The Ontario courts will also not shy away from dismissing or staying a class proceeding prior to class certification if the pleadings fail to disclose a cause of action against one or more defendants, or on jurisdictional grounds.

Please contact us for a free initial consultation to determine whether your case may be amendable to class treatment.