Disputes

TRANSACTIONS DISPUTES INTELLECTUAL PROPERTY 

Our Litigation Group has over thirty years of experience successfully tackling a vast array of complex litigation and pre-litigation disputes.  Our clients know they can lean on us to effectively prepare for, negotiate and mediate disputes, and, where beneficial to advance or defend their interests, to resolutely and forcefully conduct arbitration hearings, trials and appeals.

Representative Work

Arbitration of a multimillion-dollar contractual dispute involving a large scale real estate development project

Obtained significant trial judgement in favour of ex-spouse regarding share ownership and valuation of closely held corporation

Counsel to plaintiff in an investment broker negligence case

Obtained and executed an Anton Piller injunction against a former key employee of a corporation. Successfully recovered thousands of confidential corporate records

Overturned a Services Canada decision to impose significant “AMPS” penalties and to restrict a farming operation from hiring international seasonal workers

Overturned a Ministry of Finance decision that prevented a tobacco farmer from producing raw leaf tobacco

Claim by 50% Partner and Lender against managing partners to disgorge share of $300million real estate company and recovery of investment.

Successful injunction and ultimate defence on behalf of Equipment Finance Company to demand by 2nd Tier Lender on $60million operating line. Demand withdrawn and debt favourably re-negotiated.

Counsel to estate trustees opposing an application to have them replaced by a corporate trustee

Successful appeal to establish spousal status for individual involved in long term extra-marital affair.

Successful trial and defence of appeal of landmark Joint Family Venture claim by common law spouse

Successful settlement in mediation by owner against 15 parties seeking to enforce construction lien rights.

Successful arbitration for the extrication of a minority interest in multi-generational real estate holdings in the GTA.

Successful trial for the granting of easements and shared facilities as between two adjoining high-rise multi-residential properties.

Successful trial granting specific performance of real estate designated for commercial development purposes with significant abatement of purchase price.

Successful settlement of substantial equalization with complex issues of business valuation and family trust interests

Successful trial and appeal in complex custody case where medical treatment for childhood obesity in issue.

Successful motion yielding highest interim spousal support award in Province of Manitoba history following analysis of family trust and business issues giving rise to imputation of income.

Successful trial for the imputation of income for child/spousal support purposes in case where spouse’s income derived exclusively from gifts.

Successful trial and hearing at Court of Appeal in respect of imputation of income for child/spousal support purpose and claim to joint family venture and constructive trust in complex claims by common law spouse.

Litigation and recovery of investment on behalf of Private Equity / Merchant Banker from group of companies engaged in managing Labour-Sponsored Fund.

Successful litigation and settlement on behalf of Creditor/Investor of $1.6million debt by (alleged insolvent) debtor/manager of development portfolio

Successful arbitration on behalf of minority shareholder resulting in forcing majority/manager to buy-out of 1/3rd Shareholder from real estate management and development company for $70+ million.

Successful in motion to strike opposing parties’ evidence for abuse of process

Favourable mediated settlement of a senior executive’s severance package from a leading national real estate company

Successful arbitration before three-person arbitration panel of working capital dispute under agreement of purchase and sale arising on purchase of prominent media company

Successful appeal of termination by Facility Association of Agency/Broker Service Carrier Agreement

Successfully arbitrated wrongful termination of an automobile dealership by a major North American automobile manufacturer

Successful litigation on behalf of large commercial landlord with anchor tenant for breach of long term lease

Effectively represented a real estate brokerage in a commission dispute

Successful arbitration with substantial indemnity cost award in a real estate matter establishing our client as the sole owners of disputed properties in and around the GTA

Injunction against a former key employee of a corporation to prevent him from soliciting customers of the business

Favourable mediated settlement on behalf of a construction lien claimant over unpaid work at stadiums built for the Pan-Am Games in the GTA

Arbitrated breach of investment advisor’s know your client obligations and negligent investment advice

Successfully arbitrated Managing General Agency’s agreement wrongful termination of partnership agreement

Arbitration before a U.S arbitrator under Master Wholesale Agreement and related software agreements in the telecommunications sector

Counsel to a software services company in an action for breach of contract

Counsel to the former CEO of an engineering company in an application against the parent corporation involving the common employer doctrine, order for compliance under the OBCA, and oppression issues

Providing ongoing employment-related advice to a publicly traded business operating in the cannabis sector

Counsel to a shareholder and former director of a corporation involving oppression issues

Counsel to the sole director of a corporate group in an arbitration dispute involving oppression issues

Successful summary judgement motion against credit card company for improper charges

Successfully arbitrated multi-million dollar dispute on behalf of Canadian franchisee against international master franchisor arising from franchisor’s breach of franchise agreement and good faith obligations

Successfully arbitrated shortfall in compensation and capital payments between accountants on their termination by a prominent accounting firm

Successfully arbitrated shareholder dispute between principal operator/shareholder and institutional investor shareholder resulting in a finding of oppression and curative remedies in favour of principal operator relating to operation of business

Succeeded at trial in dispute between our client and BMO, two innocent parties to a fraud perpetrated on the bank by a third party, over priority entitlement to proceeds in issue. Obtained significant cost award against BMO

Successful arbitrated before 3-person arbitration panel over applicable lease rate on the extension of the term of a commercial lease

Administrative Tribunal appeal from agricultural marketing board decision

Counsel to estate trustees in an application to compel the sale of investment properties