Areas of Concentration
- Contract Disputes
- Insurance Defence and Insurance Litigation
- Jurisdictional Challenges
- Commercial Insurance and Reinsurance
- Misrepresentation, Deceit and Civil Fraud Recovery
- Cross-Border Litigation
- Injunctions and Urgent Remedies
- Defamation, Libel & Slander
- Cyber Liability
- Enforcement of Foreign Judgments and Arbitration Awards
- International Trade | Sale of Goods Litigation
- Product Liability
- Commercial Arbitration
- Litigating Investment Dispute – Haas v. Gunasekaram et al
- Successfully defended motion by defendants to stay litigation in favour of arbitration.
- Enforcement of United States Judgment – Carolina Foods, Inc. v. 838116 Ontario Inc.
- Brought successful motion for dismissal of defendant’s Counterclaim.
- Commenced summary judgment motion, leading to early resolution of claim.
- Advising clients during ongoing disputes to assess their business interests and position them for settlement or litigation.
- Seeking negotiated solutions to clients’ business disputes to avoid unnecessary or litigation.
- Representing clients in litigation proceedings when litigation is the best course. Andrew has successfully represented clients before the Superior Court and Court of Appeal for Ontario.
- Advising foreign clients on territorial jurisdiction disputes. Andrew has successfully argued motions dismissing claims for lack of jurisdiction. He also regularly writes on the topic of jurisdiction, including co-writing an article for the Defence Research Institute on challenging the jurisdiction of Ontario’s courts.
- Advising multi-national clients on choice of forum, including by working with trusted foreign counsel to compare the laws of Canada with foreign laws to determine the most favourable law.
- Managing multi-jurisdictional recovery proceedings, including by obtaining recognition of foreign judgments and using Canadian reciprocal enforcement legislation to commence recovery proceedings in multiple Canadian provinces.
- Representing clients in insurance coverage disputes.
- Defending clients against liability claims under commercial general liability policies.
- Providing a value-added, insurance perspective to business disputes.
- China Signs Hague Convention on Choice of Court Agreements
April 08th, 2018
- Court Considers Oppression Claim by Creditors against Directors
March 27th, 2018
- Andrew Ottaway appears on CTV Your Morning to discuss Online Defamation
March 10th, 2018
- Court of Appeal Considers Effect of Nude Photos on Contractual “Morals Clause”
February 17th, 2018
- Court of Appeal States that Placing Oneself in Position to Close Transaction not Waiver of Deficiency
February 11th, 2018
- Court of Appeal Provides Guidance on Whether Party Carrying on Business in Ontario as Basis for Jurisdiction
January 23rd, 2018
- Court of Appeal Allows Negligence Claim Against Individual Starbucks Employees to Proceed
January 1st, 2018
- Court of Appeal Considers Scope of Errors of Jurisdiction under Model Law on International Commercial Arbitration
December 12th, 2017
- Ontario Court Finds Jurisdiction Resulting From Cumulative Effect of Individually Insufficient Connecting Factors
November 13th, 2017
- Ontario Court Declines To Find that Twitter Posts Require Libel Notice
October 22nd, 2017
- Court of Appeal States that Security for Costs Should Not be Treated Differently for Recognition and Enforcement Actions
October 1st, 2017
- Andrew Ottaway provides commentary to Global News about online defamation
September 24th, 2017
- Andrew Ottaway Writes Article for JUST Magazine on Online Dispute Resolution
August 29th, 2017
- Court of Appeal Provides Guidance on Interpretation of Success Fee Contract
August 26th, 2017
- Court Awards Damages to Defendant in Defamation Case
July 31, 2017
- Supreme Court Provides Guidance on Oppression Remedy
July 25, 2017
- Ontario Court Identifies New Presumptive Connecting Factor in Establishing Jurisdiction
June 19, 2017
- Court of Appeal Considers Law Applicable to Bifurcation of Disputes between Court and Arbitration
June 11, 2017
- Possible Changes to Choice of Court Agreements and Recognition of Foreign Judgments
May 27, 2017
- International Sale of Goods – the Law Applicable in Ontario
May 15, 2017
- Andrew Ottaway comments on International Commercial Arbitration for the Law Times
April 27, 2017
- Court of Appeal Reiterates Importance of Pleading Particulars of Fraud
April 27, 2017
- Court Considers When Jurisdiction May be Found Against Sole Officer And Director of Foreign Corporation
April 9, 2017
- Ontario’s New International Commercial Arbitration Act Now In Force
April 1, 2017
- Supreme Court Considers Oppression Remedy
March 18, 2017
- Court of Appeal Provides Guidance on Pleading Defamation
February 22, 2017
- Court of Appeal Holds that Two Year Limitation Period Applies To Foreign Judgments
February 13, 2017
- Court of Appeal Upholds Finding Of Jurisdiction Based on Business Activities in Ontario
January 3, 2017
- Court Refuses to Enforce Forum Selection Clause
November 27, 2016
- Court of Appeal Upholds Stay Based on Contractual Choice of Forum/Arbitration Clause Against Non-Contracting Parties
October 25, 2016
- Toronto Attorneys for Enforcement of U.S. Judgments in Ontario, Canada
September 13, 2016
- Court Stays Arbitration but Denies Costs to Successful Party for “Blameworthy Conduct”
August 26, 2016
- New Study Reveals Trends in Canadian Defamation Cases
August 13, 2016
- Court of Appeal Provides Guidance on “Forum of Necessity” Doctrine
March 22, 2016
- Ontario Court Provides Jurisdiction Analysis of Place of Contract and Carrying on Business in Ontario
February 10, 2016
- In Jurisdiction Dispute, Court of Appeal Confirms Contract Made Where Acceptance Received
January 14, 2016
- Ontario Court Rejects Forum of Necessity Argument
December 29, 2015
- UberHop Launches in Toronto
December 16, 2015
- Andrew Ottaway and David Alderson wrote the following article: U.S. Defendants: Sued in Ontario, Canada ? So You want Out, Eh? Challenging Jurisdiction, The Newsletter of the DRI International Committee, Volume 4 Issue 1.
Andrew is a member of the Ontario Bar Association’s Civil Litigation Section executive committee. Law Society of Upper Canada; Canadian Bar Association; Ontario Bar Association; Canadian Defence Lawyers