Acting in Ontario Canada Litigation for Clients and Their Lawyers in Australia
Recovery of Accounts Receivables | Import – Export | Sale of Goods
Apparel and Textiles | Injunctions for Counterfeit Luxury Goods
Toronto Canada Cross-Border and International Litigation Lawyers.
Gilbertson Davis LLP has lawyers with experience in advising and representing clients in Australia and other international locations in litigation or arbitration in Ontario and across its borders.
Gilbertson Davis LLP has lawyers who have acted for clients in a wide variety of industries, in diverse litigation and commercial arbitration practice areas international sale of goods, import-export, especially in the apparel and textile business, recovery of accounts receivables, product liability, distribution and licensing, search and seizure of counterfeit luxury goods, particularly in the fashion industry, and the recognition and enforcement of foreign judgments and commercial arbitration awards.
Some of our lawyers have appeared in all levels of courts in Ontario and Canada, including the Court of Appeal for Ontario, the Federal Court of Appeal and the Supreme Court of Canada. We have acted in leading cases involving, summary judgment, urgent injunctions and other equitable remedies.
Collection of Accounts Receivables | Cross-Border Debt Recovery
Our lawyers can act in both large and complex debt collection matters to enforce creditor’s rights, whether the debt relates to:
- unpaid international sales of goods
- cross-border accounts receivables
- enforcement of payment of a promissory note or other contractual debt
- enforcement of the return of valuable assets, loaned or leased
- multi-jurisdictional, coordinated debt collection and enforcement of creditor’s rights
- recovery of offshore assets (in coordination with lawyers in offshore jurisdictions)
We are experienced in determining whether or not a debtor has assets, the location of assets, whether they have been fraudulently conveyed or hidden, or dealt with by the debtor contrary to the statutory provisions of the Assignments and Preferences Act, R.S.O. 1990, c. A.33 and/or Fraudulent Conveyances Act, R.S.O. 1990, c. F.29, and providing an assessment of viability of recovery of the debt.
The required action may include urgent equitable remedies to freeze assets and obtain disclosure of documents and information concerning the debtor’s assets. We commence legal proceedings for the debt, sometimes seeking to set aside fraudulent conveyance, assignment or preference. An early assessment of the merits of such urgent remedies and/or a motion for summary judgment shortly after commencing an action is often required.
Our lawyers seek cost-efficient debt recovery before and after judgment is obtained.
Sale of Goods Disputes – Quality, Quantity, Damage and Time for Delivery
In addition to import / export and outsourcing, industry players involved in franchising, leasing, and distribution agreements should be aware of the cross-border risks they face. Contracts are increasingly cross-border in nature, and parties to international contracts will want to take care that their legal rights are preserved and their business goals achieved in multiple jurisdictions.
Ontario has adopted the United Nations Convention on Contracts for the International Sale of Goods which is enacted domestically as the International Sale of Goods Act, R.S.O. 1990, c. I.10. Our commercial litigation counsel has considerable experience in international sale and transportation contracts. An understanding of jurisdictional issues and the “conflict of laws”, the body of law used to determine the law to be applied to a dispute, is often central to an international or cross-border contract dispute.
Stakeholders in the textiles, apparel and other import-export industries, such as distributors, dealerships, licensees and licensors may find themselves embroiled in disputes arising out of or in connection with their business relationships.
Such disputes can be wide ranging, from failure of a purchaser or distributor to pay their debts, a disagreement as to the quality or quantity of goods sold and delivered, to the interpretation of a licensing agreement between a wholesaler and their distributors. Where those disputes cannot be resolved through negotiation and agreement, clients may need representation in litigation or commercial arbitration.
In the modern economy, the importance of a brand cannot be understated, and for many businesses their trademarks can be one of the most valuable assets of the company. However, trademarks can only retain their value if they are not used or mimicked by competitors or associated with another business that might depreciate the goodwill developed in that mark.
That is why it is important to protect your trademark rights through prompt and effective enforcement proceedings.Luxury Goods, Counterfeit and “Grey Market” Goods
With the large, growing global personal luxury goods market and the advance of online retailers and e-commerce, the makers of luxury goods are faced with new challenges to preserve their intellectual property rights. Recent high-profile litigation involving large luxury firms and online retailers highlight the need for effective brand management, protection of copyright and trade-marks. Distributors and franchisees that face pressures from the import of grey market goods should also be aware of protections that may be available to them under Canadian trademarks and copyright law.
Gilbertson Davis LLP’s lawyers have experience in dealing with trademark and copyright disputes, and have acted for and represented owners, licensees, and others in actions relating to copyright infringement, trademark infringement, passing off, and disclosure of confidential information. We recognise the importance of your intellectual property, and the need for prompt enforcement of your rights.Anton Piller Orders
The courts in Ontario grant urgent equitable remedies and injunctions in appropriate circumstances, including the so-called Anton Piller order which permits search and seizure at the counterfeiter’s premises, done without prior notice and under the supervision of an independent lawyer.
This type of judicial order allows plaintiffs whose goods have been counterfeited and sold, to enter premises to locate, seize and preserve evidence in a pending or intended civil trademark or copyright infringement action.
Judgments obtained in Australia for the payment of money may be recognized and enforced in Ontario by a common law action on the judgment, if in accordance with the common laws of Ontario (and Canada, if applicable) concerning the recognition and enforcement of foreign judgments.
The enforceability of money judgments, declaratory judgments and injunctions and other orders for urgent equitable relief obtained in Australia will each be considered on a case-by-case basis.Enforcement of Non-Monetary Australia Orders
The Courts in Ontario may in the required circumstances recognize and enforce foreign equitable orders such as foreign injunctions (not just foreign money judgments).
The following factors are considered in determining recognition and enforceability of a foreign injunction: (a) are the terms of the order clear and specific enough to ensure that the defendant will know what is expected ; (b) is the order limited in its scope and did the originating court retain the power to issue further orders; (c) is the enforcement the least burdensome remedy for the Canadian justice system; (d) is the Canadian litigant exposed to unforeseen obligations; (e) are any third parties affected by the order; and (f) will the use of judicial resources be consistent with what would be allowed for domestic litigants.
Such factors are in addition to the usual considerations of the courts in Ontario when asked to recognize a foreign judgment.
We have strength and experience in advising foreign clients involved in litigation or arbitration in Ontario and across its borders. We are often consulted in connection with litigation or arbitration in Ontario, Canada by those located in the United States and other foreign countries.
Internationally, we have also been involved in litigation or arbitration in Ontario, Canada with clients (or matters) located in the Netherlands, Norway, Sweden, England, Denmark, Italy, Switzerland, Greece, Cyprus, Malta, Monaco, Guyana, Liberia, South Africa, Angola, The Bahamas, Bermuda, British Virgin Islands, Dominican Republic, South Korea, United Arab Emirates, Bahrain, Saudi Arabia, Iran, Kuwait, India, Bangladesh, Hong Kong, PRC and Australia.
We strive to resolve our clients’ disputes early and practically through the provision of quality legal services at reasonable rates. Gilbertson Davis LLP has experienced litigators both in the courtroom and in arbitration. Some of our lawyers have experience in the Ontario Superior Court of Justice, the Divisional Court, the Federal Court, Federal Court of Appeal, the Ontario Court of Appeal, the Supreme Court of Canada, and in arbitration.
We are a firm which has more than 30 years of practice in Toronto. We are ethical, professional and practical.
Some of our lawyers have been admitted and practiced law in foreign jurisdictions, have both foreign and local legal education, and a number of our lawyers and law clerks speak languages including French, Japanese, Portuguese, Italian, Russian and Cantonese.