Litigation

Our litigators recognize that every problem is unique. Our focus is on understanding our clients’ goals and objectives and developing the best strategy for their problems. We have the skills, experience, and specialized knowledge required to represent our clients’ interests in negotiations, mediations, arbitrations and court proceedings.

  1. Inappropriate Summary Judgment: To Stay or Not To Stay

    One of the many new departures in the Court of Appeal’s landmark decision in Combined Air Mechanical Services Inc. v. Flesch is its suggestion that a responding party deal with a premature or inappropriate motion for summary judgment by moving to stay it. The Court of Appeal effectively turned a rule that allows a party […]

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  2. Ordering Payment into Court – the OCA Clarifies Rule 45.02

      Sadie Moranis Realty Corporation v. 1667038 Ontario Inc. et al., 2012 ONCA 475 This July, the Ontario Court of Appeal attempted to clarify the application of rule 45.02, which provides for payment of a specific fund into court. The Court of Appeal endorsed a three-part test to determine if funds ought to be paid […]

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  3. Unilateral Option to Arbitrate

    There are many contexts in which it makes sense for one party to have negotiated a unilateral option to arbitrate (or not). The issue in Canada is whether or not such unilateral options are enforceable. Our view is that absent unconscionability or oppressive conduct, such unilateral options to arbitrate should be enforceable. This is consistent […]

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  4. Iain MacKinnon Quoted on CBC Radio

    Iain MacKinnon was quoted in a CBC radio news story about the ongoing patent infringement battles between Apple and Samsung. Listen to the story: CBC News_ World at Six

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  5. The Trial Narrative: Tips on Responding to Motions for Summary Judgment

    Tamara Ramsey presented a paper at the OBA Professional Development program titled Post Combined Air and the New Summary Judgment Test: What’s Happened So Far and Next Steps on September 12, 2012.   Introduction Responding to a motion for summary judgment is tough. Counsel must compile sufficient evidence to demonstrate the merits of the claim […]

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Practice Areas

  • Contractual Disputes
  • Shareholder Remedies
  • Trusts & Estates
  • Real Estate and Commercial Tenancies
  • Family
  • Employment