Gilbertson Davis LLP Welcomes Lawyer Sabrina Saltmarsh!

John L. Davis, B.A. (Hons.), J.D.Gilbertson Davis LLP News0 Comments

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

David Street to facilitate at the Law Society of Ontario’s Advanced Roundtable on Shareholder Disputes.

John L. Davis, B.A. (Hons.), J.D.Commercial, Gilbertson Davis LLP News, Shareholder Disputes0 Comments

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.

Andrew Ottaway Writes Article on CISG for Law Times

Andrew Ottaway, B.A. (Hons.), LL.B.Civil Litigation, Commercial and Contract Litigation, Commercial Law, Commercial Litigation, Contract Disputes, Cross-Border Litigation, Gilbertson Davis LLP News, International Litigation, International Sale of Goods, UNCITRAL0 Comments

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.

Gilbertson Davis LLP Welcomes Commercial & Insurance Litigation Lawyer Mahdi Hussein

John L. Davis, B.A. (Hons.), J.D.Gilbertson Davis LLP News0 Comments

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

Gilbertson Davis LLP Successfully Defends Against Appeal of Decision Enforcing Liquidated Damages in Settlement Contract

Andrew Ottaway, B.A. (Hons.), LL.B.Appeals, Appellate Advocacy, Business Litigation, Civil Litigation, Commercial and Contract Litigation, Contract Disputes, Fraud, Fraudulent Schemes, Gilbertson Davis LLP News, Investment Fraud, Summary Judgment0 Comments

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

Summary Judgment Motion Publication: Sentinels of the Hryniak Culture Shift: Four Years On

John L. Davis, B.A. (Hons.), J.D.Appeals, Appellate Advocacy, Civil Liability, Commercial Litigation, Fraud Recovery, Gilbertson Davis LLP News, Summary Judgment0 Comments

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

Toronto Commercial Arbitrator – Featuring David Alderson, LL.B, LL.M, Q.Arb ~ from $350 per hour*

David Alderson, LL.B, LL.M (Commercial and Corporate), Q.Arb, Lawyer and ArbitratorArbitration, Arbitrators, Commercial Arbitration, Enforcement of Foreign Arbitral Awards, Gilbertson Davis LLP News, UNCITRAL0 Comments

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

Andrew Ottaway Co-Chairs Continuing Legal Education Program for Ontario Bar Association

Andrew Ottaway, B.A. (Hons.), LL.B.Civil Litigation, Gilbertson Davis LLP News0 Comments

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 Welcomes Litigation Associate Peter Neufeld

John L. Davis, B.A. (Hons.), J.D.Gilbertson Davis LLP News0 Comments

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 Comments on Privacy Issues for the Toronto Star

Nick P. Poon, B.Sc. (Hons.), B.A., J.D.Contract Disputes, Entertainment and Media, Gilbertson Davis LLP News, Privacy0 Comments

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 Comments on Condominium Liability Issues for the Toronto Sun

Nick P. Poon, B.Sc. (Hons.), B.A., J.D.Condo Litigation, Directors' and Officers' Liability, Gilbertson Davis LLP News, Negligence, Property Management0 Comments

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.

Gilbertson Davis LLP Welcomes Business Lawyer David Street

John L. Davis, B.A. (Hons.), J.D.Gilbertson Davis LLP News0 Comments

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

Andrew Ottaway provides commentary to Global News about online defamation

Andrew Ottaway, B.A. (Hons.), LL.B.Civil Litigation, Defamation, Gilbertson Davis LLP News, Internet | Technology, Online Defamation, Technology and Internet0 Comments

Andrew Ottaway was asked to comment about online defamation and the potential risks of posting material online. See the video here. The lawyers at Gilbertson Davis have experience with libel and slander claims, including online defamation.  Please contact us for an initial consultation.

Andrew Ottaway Writes Article for JUST Magazine on Online Dispute Resolution

Andrew Ottaway, B.A. (Hons.), LL.B.Civil Litigation, eCommerce | Online Retail, Gilbertson Davis LLP News, Internet | Technology0 Comments

Andrew Ottaway published an article in JUST Magazine on the recent phenomenon of Online Dispute Resolution (ODR), and its likely effects on the Ontario justice system: “ODR matters because it is just one part of a greater trend towards taking litigation online.” The full article is available here.

Andrew Ottaway comments on International Commercial Arbitration for the Law Times

Andrew Ottaway, B.A. (Hons.), LL.B.Arbitration, Commercial Arbitration, Cross-Border Litigation, Gilbertson Davis LLP News0 Comments

Andrew Ottaway was asked to comment on international commercial arbitration in Ontario, including the new International Commercial Arbitration Act, 2017. Read the Law Times article here: “New laws may spur more arbitration in Ontario“. The lawyers at Gilbertson Davis have experience with domestic and international commercial arbitration.  Please contact us to arrange an initial consultation.

UberHop Launches in Toronto

Andrew Ottaway, B.A. (Hons.), LL.B.Commercial Law, Gilbertson Davis LLP News, Injunction & Specific Performance, Of Interest to US Counsel0 Comments

Uber is in the news again this week after it announced that, starting December 15, 2015, a new service called “uberHOP” will be available “along Toronto’s most popular routes during peak hours.”  Using uberHOP a user can request to be picked up along one of the four designated, downtown Toronto routes from one of the predetermined “pickup spots”.  The service is to be provided for a flat “fare” of $5.00. The Toronto Transit Commission (the “TTC”) has reportedly asked its lawyers to consider uberHOP in the context of the TTC’s right to operate, maintain and control local passenger transportation services in Toronto.  Specifically, the City of Toronto Act, 2006 provides: Exclusive authority of TTC 395. (1) No person other than the TTC shall establish, operate or maintain a local passenger transportation system within the City until the TTC is dissolved or the control and management over the local passenger transportation system is removed from … Read More