Toronto Ontario Superior Court of Justice Commercial List Lawyers

The Commercial List is a specialized group of Ontario Superior Court judges who have experience in adjudicating complex commercial litigation matters.

Where a litigation matter is considered appropriate for the Commercial List, it can proceed under the special Commercial List practice rules, which aim to provide for a more direct, involved and rapid resolution of the matter before a judge with specific experience in that area of law.

Whether a matter is heard on the Commercial List is still in the discretion of the Commercial List judges, and it is required that the matter have some factual connection to Toronto.

The following are examples of the types of dispute which the Commercial List may hear:

a. Bankruptcy and Insolvency Act, Ccertain matters under the Bank Act;

b. Bulk Sales Act;

c. Business Corporations Act (Ontario) and Canada Business Corporations Act;

d. Companies’ Creditors Arrangement Act;

e. Limited Partnerships Act;

f. Pension Benefits Act;

g. Personal Property Security Act;

h. Receivership applications and all interlocutory motions to appoint, or give directions to, receivers and receiver/managers;

i. Securities Act;

j. Winding-Up and Restructuring Act;

k. Credit Unions and Caisses Populaires Act, relating to credit unions and caisses populaires under administration or that are being wound up or liquidated; and

l. Suitable complex commercial cases under the Arthur Wishart Act (Franchise Disclosure); and

m. Suitable complex commercial cases under the International Commercial Arbitration Act (Ontario), Arbitration Act, 1991 (Ontario) and Commercial Arbitration Act (Canada).

Gilbertson Davis LLP has commercial litigation lawyers who are experienced advocates in matters on the Commercial List, including oppression claims under the provincial and federal Business Corporations Acts, arbitration disputes, partnership disputes, and franchise disputes under the Arthur Wishart Act.

Disputes within or among corporations, partnerships or joint ventures disrupt the business and, if not dealt with quickly and where possible, discreetly, may have a long term financial and reputational effect within the business community, on the confidence of customers, shareholders, employees, trading partners, lenders and perhaps threaten the viability of the business itself.

Resolving your corporate or franchise dispute through the Commercial List process may allow for a more efficient resolution, which could help minimize and limit the impact such litigation puts on your business.

Our senior commercial litigators have in-depth experience in a wide variety of businesses and industries which allows us to have a quick understanding of your business and the dispute at hand.

Gilbertson Davis LLP can advise, guide and appear as advocates in complex and large value arbitrations, both domestic and with an international dimension. Gilbertson Davis LLP has counsel with multi-jurisdictional experience and cultural sensitivity, who provide cost-efficient advice, dispute resolution strategies and persuasive advocacy at arbitration hearings. Some of our lawyers have appeared before the Courts when interim measures are sought, such as the appointment of arbitrators, the challenge of arbitrators, or the stay of proceedings in favour of arbitration, and on the enforcement of domestic and international arbitration awards in Ontario and Canada.

Where the court seeks to intervene in or review an arbitration proceeding or award, it may be possible to have those issues addressed through the Commercial List in Toronto, which may assist in maintaining the prompt final resolution that arbitrations are intended to promote.

Gilbertson Davis LLP can act for distributors, dealerships, franchisees, franchisors, licensees and licensors to assist in the resolution of disputes arising out of or in connection with their business relationships. Gilbertson Davis LLP has experienced litigators, and if disputes cannot be resolved through negotiation and agreement, we can guide and represent clients in litigation and commercial arbitration.

We strive to resolve our clients’ disputes early through the provision of quality legal services at reasonable rates. Gilbertson Davis LLP has experienced litigators both in the courtroom and in arbitration. These lawyers have experience in franchise matters in the Ontario Superior Court of Justice, the Divisional Court, the Ontario Court of Appeal, and in arbitration.

The protections and obligations of parties involved in franchises are complex, and involve statutory, common law, and equitable issues. Where the issues in dispute are complex, the Commercial List can be of assistance in leading to an efficient resolution where your matter is overseen by judges who are familiar with those protections and obligations.

Please contact Gilbertson Davis LLP to arrange an initial consultation.

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    Thank you for your interest in Gilbertson Davis LLP. Please note that we do not offer contingency retainers. In addition, we do not offer retainers in any cases where the amount in dispute is less than $50,000.

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