Commercial Litigation Law

As discussed in our recent Walker Law Blog post and by Tanya on CBC Television, conducting thorough research about those you intend to sue is a critical part of the litigation process in order to protect your interests and minimize potential losses. It is imperative that one understands the prospect of ultimately collecting funds and...
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Imagine a scenario: after years in the civil litigation system, your trial finally concludes. A few months later, you discover that you won your case. Congratulations! You won the right to exclusive possession of your investment property; the court has confirmed you are the legal and beneficial owner. What’s more, you won the right to...
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The Ontario Occupational Health and Safety Act, R.S.O. 1990, c. O. 1 (the “OHSA”) serves as the legal framework in Ontario that addresses the health and safety of workers in the workplace. This article will explore the recent decision of the Supreme Court of Canada in R. v. Greater Sudbury (City), 2023 SCC 28, in...
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Beginning January 1, 2024, Temporary Help Agencies (“THAs”) in Ontario must be licensed by the Ontario Government to continue operating their business. The Canadian Broadcasting Company states that this change was made in response to the multiple instances authorities have found of THAs paying temporary foreign workers below minimum wage and otherwise denying them of...
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Ontario and federal legislation impose a responsibility on corporations to act in a manner that does not negatively affect the legitimate and reasonable expectations of shareholders and other stakeholders. If a corporation fails to act in such a manner, shareholders and relevant stakeholders may be entitled to relief from the corporation’s conduct. The corporate litigation...
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What is discovery? After a civil lawsuit has begun, both parties will begin compiling all documents that are relevant to the litigation. Sharing these documents with the other side is first step in discovery, known as the exchange of affidavit of documents. The second step is what civil litigation lawyers call “examinations for discovery”. At...
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Buying real estate in Ontario is a big investment. If you choose to own a property with other people (which we will call your “co-owners”), it is important that you are aligned with what will happen to the property and how it will be managed. Part of the reason why being aligned with your co-owners...
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It is commonly known that the incorporation of a company shields the officers and/or directors from liability that a company incurs. Only under exceptional circumstances will officers and directors of a company be held personally liable. However, in the construction industry under the Ontario Construction Act R.S.O. 1990, c. C.30 (the “Construction Act”),[1] the statute...
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In November and December 2022, the real estate litigators at Walker Law argued a seven-day trial to sort out who of two parties was the true owner of a residential property. On February 24, 2023, the Judge issued his decision in favour of Walker Law’s client. The Judge warned that the case was a “cautionary...
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What is a letter of intent? A letter of intent is a written agreement between two parties that outlines the terms and main aspects of the business arrangement.  Unlike a contractual agreement in which parties intend to be bound to the terms of the agreement, a letter of intent is meant to be a draft...
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It is an ordinary practice for corporations, government agencies, and other entities to collect the personal information of their customers and personnel. When individuals agree to provide their personal information to these entities, they trust that their information will be protected and will not be shared with unauthorized third parties. Unfortunately, this data has become...
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When you sign a contract, you are entitled to certain rights under the contract. However, sometimes it is possible to give up one or more of those rights, such that you can no longer rely on them. This is done through a legal doctrine called “waiver.” How do you know if you or your contracting...
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Renting a truck for personal use isn’t often done without the accompaniment of at least a mild level of stress. Adding on the possibility that the reservation for the vehicle may not be at the anticipated location, can result in additional time and energy for the renter. The Rights of Consumers An onslaught of complaints...
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In July of 2022, Walker Law was successful in obtaining a worldwide Mareva injunction on behalf of its client for $33 million dollars. A copy of that decision is here. A Mareva injunction is a rare and extremely difficult form of injunctive to obtain. If granted, this relief freezes the assets of the recipient, which...
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Many times, parties treat their obligations in real estate transitions as an afterthought, and then fail to close on transactions. These failed transactions emphasize the role and responsibility of the court in determining whether a party has violated the agreement, and to hold that party accountable. In a recent case, Tega Homes (Attika) Inc. v....
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The housing market has been cooling from its pandemic highs and prices are declining. As a result, many buyers may get cold feet as their closing date approaches or their financial institution has reneged on the amount that it is willing to offer as a mortgage. Prior to signing an agreement of purchase and sale,...
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Last year the Ontario government proposed Bill 27: Working for Workers Act, 2021 (the “Act”). The bill introduced a number of changes to the Employment Standards Act, including the right for employees to disconnect after work hours and the prohibition of non-compete clauses in employment contracts. On December 2, 2021, the Act became law in...
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In a lawsuit with multiple parties, a defendant may want to settle with the plaintiff to avoid the cost, time, stress, and risk of going to trial. As a result, the Canadian courts recognize Pierringer agreements, which allow one or more, but not all, defendant(s) to settle with the plaintiff and be removed from the...
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In Ontario, generally speaking, a party has two years to sue from the date they discovered a wrong. This is called a claim. A claim is considered discovered, for the purposes of starting a lawsuit, on the day on which the person knew that: (1) An injury or damages occurred (2) it was caused by...
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On February 24, 2022, the Government of Ontario issued a press release, announcing that it would propose legislation that would require large employers to tell their workers if, how and why they are being monitored, electronically. Initially, there was speculation that these proposed changes would be included in new privacy legislation, or as amendments to...
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In a United States courtroom in California, prosecutors read out loud the private text messages of former Theranos CEO, Elizabeth Holmes (“Holmes”). Later those messages made headlines around the world and people globally read intimate messages that includes “missing you in every breath and in every cell”. The Holmes trial is a perfect example of...
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As the Ontario government implements vaccination mandates, particularly in the health sector, employers continue to question the legality of requiring their employees who remain hesitant to get the vaccine and whether and how to terminate employees who refuse. In December, Tanya Walker was interviewed to speak about the validity of mandatory vaccination policies and their...
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Anti-SLAPP Legislation Generally  A SLAPP, or Strategic Lawsuit Against Public Participation, is brought to silence an individual or business who has criticized the plaintiff. Usually, the plaintiff has greater financial means than the individual who criticized them and it is perceived that the lawsuit was started in order to stop or punish the defendant from...
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One thing that all business owners should do is ensure that they have well-drafted employment contracts that clearly set out the terms of employment that exist between them and each of their employees. As employment litigation lawyers, we recommend that our clients who are employers include provisions in their employment contracts that explain what their...
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Judges have a broad discretion to award various remedies to parties in a lawsuit. The most commonly sought and awarded remedy is monetary damages or compensation. In some circumstances monetary compensation may be inadequate to appropriately compensate a party for the loss he or she will suffer. Therefore, judges also have the power to award...
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On October 6, 2020, the Government of Ontario introduced Bill 213, Better for People, Smarter for Business Act (the “Bill”) for its first reading. The Bill seeks to modernize the law that governs how companies and people conduct business in Ontario. This includes significant changes to the Business Corporations Act (the “Act”). The hope is that these amendments will reduce the...
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Many entrepreneurs begin their business with family members or friends who share a particular interest or skill set. In doing so, they often focus all of their attention growing their venture and forget the importance of reducing their agreement to writing. Many entrepreneurs may be surprised to find out that if you do not describe...
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The COVID-19 pandemic has forced the courts and legal counsel to utilize videoconferencing platforms such as Zoom. Thanks to videoconferencing, it is no longer necessary for persons to attend appearances in person. Although, videoconferencing has its benefits and downfalls, we anticipate that the courts will continue to use virtual appearances for years to come. In...
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The COVID-19 Pandemic has unleashed havoc in many industries as a result of forced business closures and social distancing orders. The government and court have provided some guidance on how COVID-19 will impact residential leases, but still, there has been a lot of uncertainty for residential landlords and tenants. This article will focus on why...
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If you are a business or service provider who asks consumers to purchase a warranty along with your product or service, beware.
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Recent Posts

Freezing Assets to Recover from an Evasive Fraudster: The Mareva Injunction
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New Developments in Ontario Employment Law via the Working for Workers Four Act, 2023
January 11, 2024
The Writ of Execution: An Important Tool for Enforcing Judgments
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Notice Period for Employees who Have Worked Less than One Year
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