Toronto civil litigators, Toronto commercial litigators
The Toronto civil litigators at Massey LLP know that when business relationships go sour emotions can run high. Someone didn’t deliver. Things have gone wrong, and your business may be seriously impacted. These disputes often result in civil claims and that’s why you need our Toronto civil litigators (also known as Toronto commercial litigators).
Whether it’s you who’s being sued, or you need to make a claim against someone, it’s an arduous and expensive process that requires experienced Toronto civil litigators at the helm.
As your law firm of Toronto commercial litigators, we are prepared for the fight. Regardless of what side you’re on, we will assist you with corporate, commercial, and contract disputes including:
Contract disputes of all kinds
Shareholder claims and director and officer liability
Civil forfeiture and government seizure
Our team of Toronto civil litigators is committed to helping your business succeed. Whether preparing contracts or attending the Superior Court of Justice where civil claims are filed in Ontario, we’ve got you covered.
And our Toronto commercial litigators are available as counsel to clients of other commercial and corporate solicitors as well as to law firms including, litigation law firms. We do accept cases on urgent matters.
Why work with our Toronto civil litigators on your case
Our Toronto civil litigators understand litigation covers the muddy waters of private lawsuits between businesses or individuals. Civil cases require the team of strong Toronto commercial litigators at Massey LLP with our sound judgment and experience with the Rules of Civil Procedure.
These highly emotional lawsuits are often the result of a contractual dispute like shareholder and partnership disagreements, property ownership, debt collection, contract disputes, defamation, estate litigation and will disputes, financial or physical harm, real estate litigation, and professional negligence . The Toronto commercial litigators at Massey LLP shoulder the stresses of litigation and explain each step in plain language.
Regardless of which party starts the lawsuit, our team of Toronto civil litigators is ready to launch or defend you or your business.
How our Toronto commercial litigators approach your case
The Toronto civil litigators at Massey LLP are dedicated to achieving the best possible results for commercial litigation clients.
We carefully and strategically pursue standards of excellence in understanding our client’s industry, profession, and business as well as their needs. Our Toronto commercial litigators take great care to understand industry norms, market conditions, and the full nature of a dispute from the start. The right preparation is the key to providing our clients a high standard of written and oral advocacy – the foundation for a successful case.
Our Toronto civil litigation lawyers will only recommend settling a case where the terms negotiated are equal to or more favourable than can be expected to be achieved by conducting a full hearing before the relevant court, arbitrator, or tribunal
Other excellent options to help settle disputes faster than going to court are mediation and arbitration. They also keep your matter private. Speed of resolution, privacy and confidentiality are important to businesses and high-profile Canadians. Our Toronto commercial litigators are responsive to clients’ needs and understand the importance of providing advice, written opinions, and options to clients in a timely and realistic fashion.
From an administrative and organizational standpoint, our Toronto commercial litigation lawyers know how to manage large-scale, document-intensive cases efficiently. We develop a solid grasp of all aspects of a matter from the beginning and are used to the logistics required in managing, prosecuting, and defending complex litigation.
Act now: waiting doesn’t improve civil or commercial litigation
The courts are backlogged, and you need someone to help you through the litigation maze efficiently. Our Toronto civil litigation lawyers know that waiting to respond to a civil claim against you – even if you think it’s frivolous – can lead to serious consequences, including adverse judgments from which it may be difficult or impossible to recover.
Engaging our trusted Toronto commercial litigation lawyers from the outset is critical to having a consistent strategy.
Our Toronto civil litigation lawyers advise if a lawsuit is launched against you, it is important to act immediately and take the matter seriously.
Here are 4 reasons why:
Time limits: In Ontario, there are strict time limits for responding to a statement of claim. If you fail to respond within the required timeframe, the plaintiff may be able to obtain a default judgment against you, note our Toronto civil litigation lawyers.
Evidence preservation: Our Toronto commercial litigation lawyers say that responding to a statement of claim allows you to begin gathering and preserving evidence in support of your defense. The sooner you start, the better your chances of obtaining evidence that’s admissible in court and helpful to your case.
Settlement options: Responding may also open the door to settlement negotiations with the plaintiff. By engaging in these discussions early on, you may be able to resolve the matter without going to trial, which could save you time, money, and stress.
Legal advice: By acting quickly with our Toronto commercial litigation lawyers, you can get a better understanding of your rights and options, as well as the potential risks and consequences of the lawsuit. This can help you make informed decisions about how to proceed and how to best protect your interests.
Here are 5 reasons why:
Limitation periods: There are strict time limits also for bringing a legal claim. Just like in responding to a lawsuit, there are limitation periods under the Limitations Act (LA) for filing one. They vary depending on the type of claim and can range from as little as 30 days to as long as two years. If you miss them, you can lose your right to bring a legal claim altogether.
Evidence preservation: Launching a lawsuit early on can help you preserve important evidence that may be necessary to prove your case. Our Toronto commercial litigation lawyers advise this can include documents, witness statements, and other forms of evidence that may be difficult to obtain or lost over time.
Legal costs: Our Toronto civil litigation lawyers note the longer you wait to start a lawsuit, the more expensive it may become. Legal costs can accumulate quickly, and by waiting too long, you may be required to incur additional expenses, such as expert fees that could be avoided if you act sooner.
Negotiating power: By filing a claim early, you may be able to strengthen your negotiating position and increase your chances of obtaining a favorable settlement. This can be particularly important in cases where the other party is likely to have a strong defense, or a lot of resources at their disposal.
Closure: Launching a lawsuit can help you bring closure to a difficult or challenging situation. By asserting your rights quickly, you may be able to obtain a sense of closure and move on from the matter more quickly and effectively, advise our Toronto commercial litigation lawyers.
11 types of matters our Toronto commercial litigators handle
The Toronto civil litigators at Massey LLP are deeply experienced with breach of contract matters and know they’re considered a root cause of most civil litigation because contracts are such a fundamental part of modern commerce.
Our Toronto civil litigators explain that a contract is a legally binding agreement between two or more parties, which sets out the terms and conditions of their relationship or transaction. A breach happens when one party fails to fulfill their obligations; the non-breaching party may be entitled to damages, which are intended to compensate them for any losses or harm suffered from the breach.
Meanwhile, shareholder disputes are another type of civil litigation matter our Toronto commercial litigation lawyers frequently assist clients with. This can arise for a variety of reasons, including disagreements over the management/direction of a company.
Other types of matters our Toronto civil litigation lawyers handle are:
8 landlord-tenant disputes our Toronto commercial real estate lawyers handle
Shareholders in oppression applications
Enforcement of foreign judgments
Real property litigation, including disputed title and litigation over failed commercial and residential transactions
Faulty construction litigation
Breach of confidence and fiduciary duty
Breakdown a family and closely held businesses
Defamation and reputation
Fraudulent and negligent misrepresentation in business transactions
Corporate governance disputes
Our Toronto civil litigation lawyers focus on these 12 kinds of matters
Within the broad range of commercial litigation services, the areas below are areas of focus for our Toronto commercial litigation lawyers at Massey LLP:
Personal property disputes
Statutory breach of trust
Fraud and breach of fiduciary duty
Fraud and breach of fiduciary duty
Confidential information disputes
Fraud and breach of fiduciary duty
Land use and municipal disputes
Commercial lease financing
Going straight to summary judgment is cheaper, more streamlined
Our Toronto commercial litigation lawyers at Massey LLP know that summary judgments have become more common in Ontario, particularly in Toronto. That’s due in part to changes to the Rules of Civil Procedure in 2010 that made the litigation process more efficient and cost-effective, encouraging parties to resolve disputes without a trial.
But it’s also due to the extreme backlog in the courts where it can take four-plus years and huge expense to get to trial. Going straight to summary judgment is affordable, streamlined and can be handled in a year, say our Toronto civil litigation lawyers.
Two of the changes to the rules included:
Expansion of the scope of summary judgment motions by allowing judges to weigh evidence, evaluate credibility, and draw reasonable inferences from the evidence presented, say our Toronto commercial litigation lawyers.
The introduction of a simplified procedure for claims under $100,000, which allows for summary judgment motions to be heard more quickly and at a lower cost than in larger claims.
The COVID-19 pandemic also had an impact on the use of summary judgment in Ontario, as the court system became severely backed up. Our Toronto civil litigation lawyers note summary judgment motions can be heard remotely, which has made them a more practical option.
Another factor is the Supreme Court of Canada case Hryniak v. Mauldin (2014) which recognized the importance of summary judgment as a tool for facilitating access to justice and promoting timely and affordable resolution of legal disputes. The court noted that the traditional approach was overly restrictive and didn’t reflect modern principles of civil procedure.
Hyrniak also emphasized the need for courts to take a proactive role in managing cases and promoting access to justice, encouraging the use of summary judgment where appropriate. It held that summary judgment should be seen as a legitimate alternative to trial, explain our Toronto civil litigation lawyers.
Sattva v. Creston Moly Corp. 2014 followed, and while it didn’t directly address summary judgments, has been cited as a guiding principle for determining the appropriate level of deference to be given to a lower court’s decision on such motions.
Overall, the increased use of summary judgment in Ontario reflects a trend towards more efficient and much more cost-effective dispute resolution methods.