Experience

The firm specializes in civil litigation at the trial and appellate levels in corporate and commercial law, contract, shareholder and partnership disputes, employment, professional negligence, property disputes, administrative law and libel matters. Much of the firm’s work is referred by other law firms.

Corporate Commercial Real Estate

  • Advise regularly on commercial and contract disputes involving the interpretation and enforcement of contracts, including issues relating to defences such as misrepresentation, duress, undue influence, lack of consideration, and effect of entire agreement clauses.
  • Advice in connection with the disputed acquisition of companies.
  • Regular representation of national real estate brokerage house in contractual claims.
  • Representation of auto parts manufacturer.
  • Representation of land developers.
  • Representation of heavy machinery manufacturers.
  • Representation of steel manufacturer.
  • Representation of major food distributor on commercial disputes for over 20 years.
  • Representation of hydro utility.
  • Representation of soft drink distributor in a variety of commercial disputes.
  • Representation of international shoe manufacturer and retailer in contract, employment, property and commercial disputes.
  • Advice in regard to banking issues including loan agreements, guarantees, security and default provisions and remedies.
  • Counsel to companies and employees in issues with departing employees, involving misuse of confidential information, breach of non-competition and non-solicitation obligations.
  • Representation of equipment manufacturers and franchisors in commercial disputes and product liability claims.
  • Acted for major Canadian mining company in potential multimillion dollar environmental liability claim.
  • Representation of industrial parts manufacturer in contract, shareholder and human rights disputes.

 

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Shareholder and Partnership Disputes

  • Regularly retained in shareholder oppression claims involving public and private corporations.
  • Representation of accounting partnerships involving enforcement of partnership agreement, including non-compete provisions.
  • Representation of law partners in purported expulsion cases.
  • Representation of law and accounting firms in respect of claims regarding unfair treatment and breach of fiduciary duty.
  • Enforcement of partnership rights.
  • Determination of fair value of departure and with respect to shareholders dissent rights.
  • Acted for local utility against former chief executive on fiduciary duty issues.
  • Represented former partners against major national accounting firm in connection with claims for breach of partnership agreement and breach of fiduciary duty.
  • Representation of president and 50% shareholder of global security firm in shareholder dispute.
  • Acted for president and shareholder of major bottling franchise in shareholder dispute.
  • Acted for minority shareholders in securities class action involving claims of oppression by national publicly traded merchandiser.
  • Representation of minority shareholders in investment firm.
  • Representation of departing executive shareholders in securities firm.

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Directors and Officers Duties and Liability

  • Act regularly for corporations, directors and officers in respect of corporate and fiduciary duties.
  • Act for and against departing senior officers setting up competing businesses.
  • Representation for departing employees facing allegations of misappropriation of confidential information, breach of fiduciary duty and violation of contractual non-compete obligations.
  • Representation of executives in issue with the Board of Directors.

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Securities Litigation

  • Defence of brokers, sales representatives on claims by aggrieved investors.
  • Acted for investors suffering loss by reason of broker negligence or wrongdoing.

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Public and Administrative Law and Human Rights

  • Judicial review of administrative action.
  • Representation before various licensing bodies.
  • Defend corporations and executives in regard to alleged Human Rights violations.

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Real Estate Disputes

  • Act for brokers, buyers and sellers in disputed agreements of purchase and sale.
  • Defence of vendors on claims of misrepresentation (including Sellers Property Information Statements).
  • Act for real estate brokers on disputed commission claims.
  • Act on property disputes including adverse possession and related claims.

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Employment

  • Acted for numerous companies in claims for injunctive relief and damages against departing employees using confidential information.
  • Advised executives of large Canadian public companies in regard to severance arrangements.
  • Advice with respect to compensation arrangements, non-competition claims.
  • Regular representation in wrongful dismissal claims.
  • Represented major Canadian companies in regard to termination packages.
  • Advised national and multinational corporations and individuals on employment matters (including terminations, bad faith claims, human rights issues, punitive damage claims, rights under stock option plans, pension rights, fiduciary duties, enforcement of non-competition agreements, etc.).

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Professional Negligence and Misconduct

  • Claims against accountants and lawyers and other professionals for negligence or misconduct.
  • Defence of actuarial firm against claim by The Law Society of Upper Canada and The Lawyer’s Professional Indemnity Company for damages of $100,000,000 for alleged negligence.
  • Former Counsel to Disciplinary Committee of College of Physicians and Surgeons in regard to proceedings for professional misconduct.
  • Defence of solicitors in connection with allegations of professional misconduct and breach of fiduciary duty, and negligence.

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Libel

  • Regular representation of plaintiffs and defendants in defamation, trade disparagement actions.

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Franchising Litigation

  • Advice to franchisors and distributors with respect to disputes in the areas of intellectual property, distributorship and franchise terminations, contract and tort liabilities .
  • Acted for Canadian distributor of heavy industrial equipment in connection with damage claims against international licensor.
  • Acted for international farming equipment manufacturer in dealership termination.
  • Acted for franchisees/distributors in termination and breach of contract claims .

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Estate Litigation

  • Sued estate for gains wrongfully diverted due to pension overpayment.
  • Acted in conjunction with Public Guardian and Trustee.
  • Defended estate against alleged lack of capacity on part of testator.
  • Represention of beneficiaries of estate holding shares in family company involved in dispute alleging misappropriation of assets.
  • Representation of certain beneficiaries of estate on Partition and Sale application over development properties where the parties could not agree on management.

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