Nick Poon was recently asked to comment on the doctrine of frustration and force majeure clauses in the context of travel refunds during the COVID-19 pandemic. The Huffington Post article is found here: You Can Still Get a Refund for a Flight Cancellation During Coronavirus Pandemic. If you require legal advice and representation in respect to contract termination and cancellation, frustration of contract and force majeure clauses and/or travel and tourism, please contact us for an initial consultation.
Gilbertson Davis LLP extends a Warm Welcome to Family Law Lawyer Kimberley Wilton. Kim was called to the Bars of Ontario, Newfoundland and Labrador in 2013, after obtaining her Doctor of Jurisprudence degree from Dalhousie University (2012; Schulich School of Law), a B.Sc. (Hons.) degree from the University of Toronto (Psychology and Middle Eastern Studies; 2006) and a B.A. degree from Memorial University (English Language and Literature; 2009). Kim is also certified as a Collaborative Family Law Lawyer. Kim is passionate about the provision of client service to a standard of excellence. She has experience in a broad range of Family Law matters, including contentious custody and access disputes, child and spousal support claims, complex property disputes including the division of assets, adoption applications and mobility issues. She is also experienced in drafting parenting plans, separation plans and domestic contracts. Kim is sensitive to the specific needs of each client, … Read More
Nick Poon was recently asked to comment on real estate wire fraud for Yahoo News Canada. Read the Yahoo News Canada article here: ‘The prospects of recovering the money are near zero’: The scam homebuyers need to be aware of. If you have a fraud claim or a real estate dispute, please contact us for an initial consultation.
Keep Them Calm and Arbitrate On! David Alderson, LL.B, LL.M (Commercial and Corporate), Q.Arb, Lawyer and Arbitrator, will present a talk and workshop at the ADR Institute of Ontario 2020, 35th Annual General Meeting and Professional Development Conference, on June 4, 2020, entitled “Keep Them Calm and Arbitrate On: Sources of Commercial Arbitration Conflict & Tools / Techniques for Conflict Minimization“. Workshop Description Conflict in arbitration arises when the process is conducted as a fight, a battle, or a struggle. This can defeat the process and frustrate realization of the parties’ objectives. This talk will focus on four sources of conflict: the party who 1) does not want to be in arbitration, but who has no choice because of a contractual or statutory arbitration requirement; 2) refuses to participate in the process (and/or to pay the tribunal’s fees); 3) fights everything: the rules, the laws, jurisdiction and procedural orders; and 4) participates over-zealously, whether personally or through counsel. Strategies to minimize such conflicts are suggested. Background David Alderson has accredited … Read More
Gilbertson Davis LLP extends a Warm Welcome to lawyer Sabrina Saltmarsh. Sabrina obtained her Doctor of Jurisprudence degree from the University of Western Ontario in 2009, after acquiring an Honours Bachelor of Arts degree from the University of Toronto. In 2008 she attended on an Exchange Program in law at the University of Hong Kong. Sabrina comes to us from a boutique litigation firm where she was a partner practising in commercial and general corporate litigation, real estate and construction lien and condominium litigation, professional liability and personal injury litigation, acquiring courtroom experience in the Ontario Superior Court, the Divisional Court and in the Ontario Court of Appeal. Among her notable reported cases are: D’Onofrio v. Advantage Car and Truck Rentals Ltd.(Ontario Court of Appeal); Dervisholli v. Cervenak (Divisional Court); and Pal v. Intact Insurance Company (FSCO). Sabrina is known as a talented litigator, with exemplary skills in legal risk … Read More
On October 2, 2019 David Street will be one of four corporate lawyer facilitators at the Law Society of Ontario’s Advanced Roundtable on Shareholder Disputes. This continuing professional development program is intended to assist corporate lawyers and litigators to work together to manage and assess shareholder disputes and better resolve such disputes when they do arise.
The Law Times recently published an article by Andrew Ottaway on the United Nations Convention on Contracts for the International Sale of Goods (the “CISG”). The article includes: a discussion of the recent case of Solea International BVBA v. Bassett & Walker International Inc., 2018 ONSC 4261 (CanLII), in which the Ontario Court applied the CISG; a discussion of the near total obscurity of the CISG in Ontario; examples of the notable differences between the CISG and the Ontario common law / Sale of Goods Act. The article can be read in its entirety here. The lawyers at Gilbertson Davis LLP have experience in commercial litigation, including cross-border litigation involving the CISG. Contact us for an initial consultation.
It is with great pleasure that Gilbertson Davis LLP announces that Commercial & Insurance Litigation Lawyer Mahdi Hussein has joined the Firm. Mahdi obtained his Juris Doctor degree from Osgoode Hall Law School (2016) where he served as a Teaching Assistant, and holds an undergraduate Honours B.A. degree from the University of Toronto, where his successes included placement on the Dean’s List (2009-2013); reserved for the top 10% of Arts & Sciences students), and receipt of the John R. Evans Scholarship (2010) award before graduating with High Distinction. In the Fall of 2011, Mahdi secured the prestigious Killam Fellowship for studies in Washington, D.C., sponsored by Fulbright, the Canadian Department of Foreign Affairs and International Trade and the American Killam Trust. While with Innovation, Science and Economic Development Canada, Intellectual Property Clinic Placement, as a Law Student in 2015, Mahdi was engaged in the preparation of reports, and undertook policy … Read More
In Haas v. Viscardi, 2019 ONCA 133, Andrew Ottaway of Gilbertson Davis LLP assisted the plaintiff in securing his settlement agreement with a defendant (in an earlier investment fraud litigation) with a liquidated damages clause. Specifically, the defendant was required to pay $60,000 if he failed to make prompt payments under the subject settlement agreement. The defendant, after defaulting, refused to honour the liquidated damages clause. However, on the plaintiff’s motion for summary judgment, the motion judge upheld the liquidated damages clause and granted judgment. Our blog post on the motion decision can be found here. On appeal, in Haas v. Viscardi, 2019 ONCA 133, the Court of Appeal rejected the defendant’s argument that the liquidated damages clause was an unenforceable penalty clause, and upheld the motion judge’s decision granting summary judgment. The Court of Appeal also enforced the provision in the settlement agreement requiring that the defendant pay the plaintiff’s … Read More
David Alderson, Senior Counsel-Commercial Litigation at Gilbertson Davis LLP, is the author of the chapter entitled Sentinels of the Hryniak Culture Shift: Four Years On, included in the Annual Review of Civil Litigation 2018 , (Ed. by the Honourable Justice Todd L. Archibald, published by Thomson Reuters Canada Limited) a copy of which can be accessed here, and which contains the following in the Overview: “Mr. Alderson has done a masterful job in reviewing the post-Hryniak judgment landscape. He canvasses whether or not our courts have embraced the advocated Hryniak culture shift in civil litigation through the simplification of pre-trial procedures and the principle of proportionality. Before embarking upon a summary judgment motion, all counsel should carefully read Mr. Alderson’s paper because it provides superb guidance concerning the prospects of success not only before the motions judge but on appellate review. Mr. Alderson’s paper is a comprehensive tour de force for all advocates.” – The Hon. Justice Todd Archibald, Ontario Superior Court of … Read More
Background David has been accredited by the ADR Institute as Canada as a Qualified Arbitrator (Q.Arb). He accepts appointments as a commercial arbitrator, international commercial arbitrator and as a business dispute arbitrator, at reasonable hourly rates and with good availability. The Ontario Superior Court of Justice has appointed David in arbitration matters. David is a member of the Toronto Commercial Arbitration Society, and has successfully completed their Gold Standard Course in Commercial Arbitration. He is also a Full Member of the ADR Institute of Ontario and appears in its Member Directory. David has lived and practiced commercial litigation and arbitration in Ontario, England, Bermuda and Dubai, in a wide variety of disputes in a diverse range of businesses and industries. He is also admitted in New York State. His LL.B (Osgoode) and LL.M (Lond.) – Commercial and Corporate, were granted in 1980 and 1988, respectively. David has acted as counsel in both domestic and international … Read More
Gilbertson Davis LLP profiled in Best’s Recommended Insurance Attorneys Gilbertson Davis LLP is pleased to announce that as a result of Client Endorsement, the Firm is now profiled in Best’s Recommended Insurance Attorneys. For further details, visit here.
Andrew Ottaway was the co-chair of a legal education program on pleadings for the Ontario Bar Association. The topics covered included: Pleadings basics; Pleading complex causes of action, including fraud, misrepresentation, breach of trust, malice, conspiracy, oppression and defamation; Pleading Foreign Law; Pleading Motions, including striking the opposing party’s pleadings; and Amending Pleadings. See the complete agenda and the panel of speakers here. The lawyers at Gilbertson Davis are regularly asked to contribute to professional development programs, as chairs and speakers.
Gilbertson Davis LLP is pleased to announce that Associate Lawyer Peter Neufeld has joined its commercial litigation team. Peter adds strength to the Firm’s many practice areas, including investor loss and securities litigation and regulation, intellectual property & technology industry litigation, and class action claims and defence. Previously acting as counsel to the Investor Protection Clinic at Osgoode Hall Law School, and as a litigation associate at a boutique class action law firm, Peter will build on this experience while integrating with and growing the Firm’s commercial and insurance litigation practices. Peter graduated Magna Cum Laude with a B. Soc. Sc. from the University of Ottawa (2012) and later completed the Canadian Securities Course (2012). During law school, Peter was a Fellow at Stanford Law School’s CodeX: The Stanford Center for Legal Informatics (2014). Peter obtained his J.D. degree from Osgoode Hall Law School (2015) and was called to the Bar in Ontario … Read More
Nick Poon was recently asked to comment on privacy issues associated with filming in public places for the Toronto Star. Read the Toronto Star article here: Chinatown filming notice provokes heated debate on social media. If you have a privacy issue or contract dispute in the field of media and entertainment, please contact us for an initial consultation.
Nick Poon was recently asked to comment on the duty and standard of care of condominium corporations, boards of directors and property managers in respect to security and safety in condominiums. Read the Toronto Sun article here: “Creepy Yorkville condo stalker terrifies women“. If you require legal advice and representation in respect to condominium disputes, please contact us for an initial consultation.
It is with great pleasure that Gilbertson Davis LLP announces that senior lawyer David Street has joined the Firm as Business Counsel. David has extensive experience in a wide variety of corporate transactional work, emphasizing the establishment and expansion of entrepreneurial businesses, purchase and sale of businesses, commercial lending, corporate finance and reorganization transactions involving private companies. David’s corporate finance and commercial lending practice includes bank financings, venture capital and private offerings of debt and equity securities. David has a special interest in the drafting of complex commercial agreements for use in a broad range of commercial activities. He also does estate planning, including wills and trusts, and estate administration as part of overall business and personal planning. David has an LL.B. from the University of Toronto, and an LL.M. in Business Law from York University. He is a frequent speaker/panelist/author at LSUC Business Law CPD programs and at CPD … Read More
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