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), 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

Gilbertson Davis LLP News – OsgoodePD Program on Shareholder Litigation and the Closely-Held Company

David Alderson, LL.B, LL.M (Commercial and Corporate), Lawyer and ArbitratorBusiness Litigation, Business Torts | Economic Torts, Closely-Held Business Disputes, Commercial and Contract Litigation, Commercial Arbitration, Commercial Litigation, Contract Disputes, Directors' and Officers' Liability, Family Business Disputes, Gilbertson Davis LLP News, Injunction & Specific Performance, International Joint Venture, Oppression Remedies, Partnerships and Shareholder Disputes, Shareholder Disputes0 Comments

David Alderson, of Gilbertson Davis LLP attended as a faculty member of the OsgoodePD professional development program on April 7, 2015 concerning Shareholder Litigation and the Closely-Held Company. He was on the panel addressing Ethical and Professional Issues in Shareholder Disputes and Litigation. Osgoode Hall Law School said of this professional development program, “This OsgoodePD program brings together some of the country’s top commercial litigators and other experts to provide insight into key aspects of litigating these cases.”  Shareholders disputes are one of the most common and most complex disputes handled by commercial litigators and in-house counsel. The panel on Ethical and Professional Issues in Shareholder Disputes and Litigation included Paul N. Feldman of Feldman Lawyers, Tom Curry of Lenczner Slaght Royce Smith Griffin LLP and David Alderson of Gilbertson Davis LLP, with Lisa C. Munro of Lerners LLP moderating. The program is being re-broadcast on May 22, 2015 as described here. David Alderson has experience in shareholder and partnership disputes, both in arbitration … Read More

Gilbertson Davis lawyer represents defence bar in OTLA Standard of Excellence for Conduct Project

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

During the month of April, 2014, Canadian Defence Lawyers (CDL, Canada’s voice of civil litigation defence lawyers) surveyed its Ontario membership in order to identify areas of unnecessary conflict between plaintiff and defence lawyers in personal injury litigation.  CDL will be participating as a stakeholder in a consultation by the Ontario Trial Lawyers Association (OTLA, Ontario’s leading association of plaintiff-side personal injury lawyers) in its campaign to improve standards and civility in personal injury litigation.  CDL Board member and Gilbertson Davis LLP lawyer Lee Akazaki has been asked to represent the defence bar in this worthwhile project. OTLA has embarked on this project after recognizing that professional lapses are an impediment to client service.  Because of the pool of lawyers surveyed, respondents were more likely to complain about plaintiffs lawyers than fellow defence lawyers.  Nevertheless, we intentionally inserted a third question in order to elicit constructive self-criticism.  That OTLA has … Read More