Commercial litigation is our main area of expertise. With extensive experience in complex litigation matters, we have built a practice and reputation that is founded on principles of trust and success. We take pride in our ability to objectively guide, accurately advise and effectively advocate. From the very outset of legal proceedings we commence foreseeing issues, developing arguments and creating the most effective litigation strategy.
Our practice incorporates various types of disagreements and issues that occur in a business or corporate context including but not limited to:
Commercial tenancy disputes pertain to disagreements between commercial landlords and tenants over their respective rights and obligations. In addition to the terms of the lease, this type of litigation is governed in Ontario by the Commercial Tenancies Act. Our firm has significant experience acting on behalf of either party in litigating these kinds of disagreements including damage claims, relief from forfeiture and evictions.
Construction lien law is a specialized and unique practice area. The Ontario Construction Lien Act gives contractors, trades, sub-trades and suppliers powerful rights and remedies including the ability to register a construction lien on the owner’s property and the ability to bring breach of trust claims. Our firm has the expertise and experience to litigate these lawsuits. In Toronto specifically, construction lien cases are most often heard and decided in court by construction lien masters who have specialized knowledge in this highly technical area of law.
Contracts are a fundamental element of business. A contract dispute arises when parties to a contract have disagreements over their rights and obligations under the contract or over the interpretation of the contract’s provisions. Our firm has the necessary experience litigating contract disputes, be it a written or verbal contract, to ensure you obtain what you bargained for.
Original designs in architecture, drawings, sculptures and in many other mediums such as music and photography will give the person whose skills and talents created them certain rights, including property rights. The creator of these designs is protected from the unauthorized replication or appropriation of these artistic works. Similarly, a business may have rights in the particular branding and décor it uses. If you feel your rights have been infringed or if someone has accused you of infringing these rights, our firm will diligently and effectively act on your behalf. Our firm’s expertise and vast experience in construction law is an added benefit when dealing with this type of litigation.
The high standards of competence and professionalism that lawyers, architects, investment advisors and other professionals must have are not always met nor maintained. If you believe you have a claim for negligence, breach of fiduciary duty or breach of contract against a professional who has acted on your behalf, our firm has the expertise and proficiency to obtain the compensation you are entitled to.
In Ontario, the respective rights of franchisors and franchisees are governed by the Arthur Wishart Act which imposes very unique and technical requirements on franchisors for the protection of franchisees. We have vast experience in this specialized area of commercial litigation, both in court and in private dispute resolution forums such as arbitrations.
We handle insurance disputes that policy holders have with their insurance companies. We have had numerous successful outcomes for our clients with respect to property insurance, auto insurance and life insurance coverage claims, both commercial and personal.
A defective product may give the purchaser a claim for damages, and in the case of a business, also claims for economic loss. Whether it be expensive and sophisticated machinery, a transport truck or an elevator in a highend home, our firm has gone to trial to litigate it. We also have the knowhow of dealing with the experts who are needed to testify on the issue of liability in these types of cases such as engineers and architects as well the accountants who quantify the damages suffered.
Neighbours, both commercial and residential, often have disagreements over the boundaries of their properties, over claims for easements or adverse possession and over claims in nuisance. Our firm has represented clients in all these types of litigation.
When a real estate transaction does not close, the vendor or purchaser will likely sue the other. The purchaser may be entitled to interim relief in the form of a certificate of pending litigation to ensure the house is not resold in the interim. A vendor or purchaser may sue for damages or for specific performance. After a transaction closes, the purchaser may have recourse against the vendor for undisclosed defects. Disagreements over a real estate agent’s entitlement to commission may arise or a real estate agent may be sued for negligence and for breach of their fiduciary duties. Over the years we have successfully represented numerous vendors, purchasers and real estate agents in all these facets of real estate litigation.
Aggrieved shareholders, directors, officers and creditors of a company can pursue oppression remedy claims in order to recover for wrongs done to them by the company or as a result of the affairs of the company being conducted in a manner that is oppressive or unfairly prejudicial to or that unfairly disregards their interests. Under the Ontario Business Corporations Act or the Canadian Business Corporation Act, the court has a very broad discretion to formulate the relief that is most fitting and appropriate.