STRATEGIC ADVOCACY FOR BUSINESS DISPUTES – TORONTO BUSINESS LITIGATION LAWYERS
Toronto Business Disputes Lawyers
Business Litigation Lawyers in Toronto Ontario
Toronto Business Litigation Lawyers
Toronto Partnership Dispute Lawyers
Toronto Shareholders Dispute Lawyers
Toronto Corporate Disputes Lawyers
Startup Company Disputes | Family Business Disputes
Oppression Remedy Lawyers | Abuse of Trust Claims
Breach of Fiduciary Duties | Directors and Officers Liability
Claims from Sale of Business, Disputes and Litigation
Business Defamation and Reputation Management Lawyers
Gilbertson Davis LLP has lawyers who have acted in Ontario and other jurisdictions for small and mid-sized Ontario corporations, partnerships and joint ventures, shareholders, directors, officers, executives and creditors. We also can act for US clients and with their US Counsel / Attorneys in Ontario litigation and in international arbitration.
Disputes within a partnership, corporation or joint venture disrupt the business and, if not dealt with quickly and discreetly, may have a long term effect on their reputation in the business community, on the confidence of their trading partners and perhaps even the viability of the business itself.
Choose Gilbertson Davis LLP
Gilbertson Davis LLP has senior commercial litigators with experience in a wide variety of businesses and industries which allows us to have a quick understanding of your business and the dispute at hand.
We can provide early and results-oriented strategic advice and representation.
We have knowledge and experience in the management of business disputes including the urgent equitable remedies available through the courts. Gilbertson Davis LLP has lawyers who have extensive experience in the court procedures and process, including that of the Commercial List, a part of the Ontario Superior Court of Justice which is dedicated to the resolution of eligible Toronto-based business and commercial litigation.
Business Litigation – Examples
Business disputes can arise in a wide variety of circumstances, including:
- Abuse of Trust
- Asset Sale Disputes
- Breach of Fiduciary Duties
- Breach of Shareholders’ Agreement
- Breach of Partnership Agreement
- Breach of Joint Venture Agreement
- Breach of Director’s Duties
- Breach of Contract
- Business Asset Sale Dispute
- Business Disputes
- Business Litigation
- Business or Partnership Sale Disputes
- Business Owners Dispute
- Business Ownership Dispute
- Buy-Sell Agreements
- Buy-Out Rights and Obligations
- Civil Fraud, Deceit, Fraudulent Misrepresentation
- Claims by Investors
- Claims by Shareholders
- Claims from Sale of Business
- Closely Held Company Disputes
- Corporate Disputes
- Corporate Mismanagement
- Corporate Governance Issues
- Disputes Arising from Shareholders’ Agreement
- Dissolution of Partnership
- Disputes Arising from Partnership Agreement
- Disputes Arising from Joint Venture Agreement
- Disputes about Share Valuation or Partnership Valuation
- Disputes of Dissolution of Company, Partnership or Joint Venture
- Director’s Liability and Officer’s Liability
- Enforcement of Shareholders’ Agreement
- Enforcement of Partnership Agreement
- Enforcement of Joint Venture Agreement
- Employment Dispute (Officers and Executives)
- Expulsion of Partner
- Family Business Disputes
- Family Trust Disputes
- Fiduciary Duties
- Fraud on Company, Partnership or Joint Venture
- Fraud on Investors
- Financial Statement Irregularities and Disputes
- International Joint Venture Disputes
- Investor Claims
- Investment Fraud
- Joint Venture Agreement Dispute
- Joint Venture Disputes
- Limited Partnership Disputes
- Minority Shareholder Oppression
- Misappropriation of Corporate Assets or Opportunities
- Misappropriation of Funds, Opportunities or Trade Secrets
- Non-Competition Agreement
- Non-Solicitation Agreement
- Owners Disputes
- Ownership of Business Dispute
- Partnership Agreement Dispute
- Partnership Dispute
- Partnership Valuation
- Personal Liability of Directors and Officers
- Preservation of Shareholder’s Rights
- Preservation of Partner’s Rights
- Real Estate Investment Trust (REIT) Disputes
- Sale of Business Disputes
- Shareholders’ Agreement Disputes
- Shareholder Claims
- Shareholder Disputes
- Share Sale Disputes
- Shotgun Clause (of a Shareholders’ Agreement)
- Start-up Company Disputes
- Tech Company Disputes
- Termination of Partnership
- Termination of Partnership Agreement
- Unfair Treatment of Partners and Shareholders
- White Collar Fraud
- Winding-Up Company
Urgent Remedies and Resolution of Business Disputes
The lawyers at Gilbertson Davis LLP with experience in this practice area have skills in negotiation and litigation, and have worked on the Commercial List in Toronto. They also have experience in alternative dispute resolution. When someone is being treated unfairly or the reputation and viability of a business is being threatened by the conduct of others, knowledge of and experience in obtaining urgent equitable remedies is necessary for the fair and prompt resolution of business disputes.
Here is a sample of urgent remedies available for the resolution of business disputes:
- Audit of Accounting
- Commercial List Eligibility
- Cross-Border Litigation
- Enforcement of Buy Sell Agreement
- Enforcement of Shot Gun Agreements
- Derivative Actions
- Freezing Order
- Legal Proceedings for Remedies for Oppression under OBCA
- Interim and Interlocutory Injunctions
- Injunctions, Orders and Declarations
- Mandatory Order Preserving Status Quo Pending Resolution
- Mareva Injunction
- Oppression Remedies
- Preserving Shareholder’s Rights
- Preserving Partner’s Rights
- Reference to Arbitration
- Rescission (Rescinding Agreements)
- Specific Performance
The lawyers at Gilbertson Davis LLP with experience in this practice area can provide sound advice and results-oriented representation in time sensitive matters. When there is need for immediate assistance from the courts, clients turn to lawyers who have acted in such proceedings before. Gilbertson Davis LLP has lawyers who are experienced in matters requiring immediate litigation response, for both local and international clients.
The Supreme Court of Canada has recently promoted better access to justice through summary judgment, partial summary judgment and summary trials. This is good news for small and medium businesses who previously could not afford a trial or the viability of a trial as a dispute resolving mechanism. Some lawyers at Gilbertson Davis LLP were at the vanguard of legal developments in this new access to justice approach, including both obtaining and responding to summary judgment motions, in widely reported and leading decisions in this field.
Some of our lawyers have experience in corporate, partnership and trust disputes, litigation and arbitration. We can assist unit owners, trustees, management, lenders and underwriters with respect to disputes arising in connection with Real Estate Investment Trusts.
International joint ventures are often the chosen structure in international mining, development, infrastructure, energy, transportation, large-scale or cross-border construction and other projects. Those in particular industries, such as telecommunications, pharmaceuticals, chemical engineering, cosmetics, petrochemical, automotive, ship-building and other heavy industries sometimes chose the international joint venture structure. Most international joint venture agreements require that the parties to refer disputes to international arbitration. The application of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, also known as the “New York Convention”, and whether it applies to the joint venture members, is often one of the considerations in deciding to include a mandatory arbitration clause in a joint venture agreement. The resolution of disputes under third party supply contacts and lending agreements are usually not covered by a joint venture arbitration agreement and may still require disposition by the local courts.
Wrongful intentional acts causing harm, loss or damage to businesses or their stakeholders may give rise to a cause of action in common law business torts (economic torts). Such activity, if unlawful under statute, may provide the victim with statutory civil remedies, including a statutory civil cause of action or grounds for injunctive relief.
These causes of action have been recognized and provide the basis of lawsuits for harm, loss and damage, and in suitable circumstances, grounds for an immediate injunction or mandatory order prohibiting the further commission of the wrongful acts.
The common law business tort causes of action include:
- Intentional Interference with Economic Interests
- Interference with Economic Relations by Unlawful Means
- Inducement of Breach of Contract
- Conspiracy to Cause Harm
- Conspiracy to Commit Wrongful Act Likely to Cause Harm
- Intimidation, Extortion and Abuse of Process
- Passing Off (Common Law Infringement of Trademark)
- Appropriation of Personality
- Defamation and Slander of Title
Statutory Civil Remedies include:
Remedies under the Competition Act R.S.C., 1985, c. C-34, Trade-marks Act R.S.C., 1985, c. T-13 and the Copyright Act, R.S.C., 1985, c. C-42
Some of our lawyers have been admitted and practised law in foreign jurisdictions (including England, Bermuda and New York), have both foreign and local legal education, including in the U.S. and U.K. and a number of our lawyers and law clerks speak languages including French, Japanese, Portuguese, Italian, Russian and Cantonese.
We are often consulted by those located in the United States, and in the past have been consulted by or retained in litigation by those (or matters located) in Alaska, California, Washington, Nebraska, Illinois, Missouri, Ohio, New York, New Jersey, Rhode Island, Massachusetts, North Carolina, Tennessee, Georgia, Louisiana, Florida and Texas. Internationally, we have also been involved in litigation or arbitration with clients (or matters) located in the Netherlands, Norway, Sweden, England, Denmark, Italy, Switzerland, Germany, Greece, Cyprus, Malta, Monaco, Guyana, Liberia, South Africa, Angola, The Bahamas, Bermuda, British Virgin Islands, Dominican Republic, Dubai, United Arab Emirates, Iran, Kuwait, India, Bangladesh, South Korea, Hong Kong, PRC and Australia.
Courtroom and Arbitration Experience
Gilbertson Davis LLP has lawyers with significant courtroom experience, in important motions, trials and appeals at all levels of the courts in Ontario and Canada (including the Ontario Court of Appeal, the Federal Court and the Supreme Court of Canada). Some of our lawyers have conducted arbitration of business disputes, both locally and in international arbitration.
We offer ethical, cost-efficient and results-oriented legal services through careful management of your business dispute.
Please contact Gilbertson Davis LLP to arrange an initial consultation.