Information Centre

The law develops and changes constantly. Cases are decided by the courts every day. New legislation is passed by governments. Courts change their procedures from time to time. To serve our clients effectively, our lawyers keep abreast of new developments. Sometimes, we have even been asked to instruct other lawyers about developments in the law. Members of our Toronto law firm are asked to speak at legal conferences for lawyers. Igor Ellyn, QC has also spoken to non-lawyers about legal matters and early in his career, he was a weekly legal columnist for a major Toronto newspaper.

Good advocates are knowledgeable about law and court procedure and how to persuade judges, mediators and arbitrators that their client's case deserves a good result. In this section, readers may benefit from several of the articles written by Igor Ellyn, QC for presentation to legal conferences. We have also included articles by other legal professionals which you may find interesting.

The articles below are for information only and are NOT legal advice. Statements made in these articles may no longer be applicable. Legal advice is provided only on specific fact situations following a consultation with a lawyer.

These are articles are in .PDF format and require Adobe Reader for viewing.  Adobe Reader may be downloaded free by clicking on the icon.

 

 

 

Articles by  Igor Ellyn, QC, Certified Specialist in Civil Litigation

(with collaboration as noted)

Resolving Shareholder Disputes in Canada: What can you reasonably expect? By Igor Ellyn, QC, CS and Orie Niedzviecki

This article discusses the key issues affecting disputes among shareholders of private corporations in Ontario, Canada. The authors, Igor Ellyn and Orie Niedzviecki, are partners of Ellyn Law LLP, a Toronto boutique law firm which focuses on the litigation, arbitration and resolution of shareholder and other business disputes. Most businesses have more than one owner or shareholder and the relationship among the shareholders can spawn considerable disagreement. In a surprisingly large number of cases, the disputes among shareholders can lead to angry and complicated litigation with uncertain outcomes. Shareholder disputes revolve around how the owners and managers of corporations deal among themselves. In this article, we discuss the legal issues which arise among shareholders of private corporations, typically with fewer than 10 shareholders.

The Business Legal Checkup ^TM : Preventive advice for the legal health of your Business

In this article, Igor Ellyn and Orie Niedzviecki explain how a new legal service the Business Legal Checkup works.   As an audit of legal matters  affecting  business, Business Legal Checkup is a diagnostic tool small and medium size businesses could use to verify if legal aspects of their operation comply with the law and also, to minimize risk, litigation and expense. When the Business Legal Checkup is completed, the business owner receives a lawyer’s report red-flagging matters which need correction, improvement or further legal advice.  The explanations in this article are provided in the context of the law of the Province of Ontario and the federal laws of Canada applicable in Ontario.

Litigation over the scope of arbitration clauses – The Lawyers Weekly

In this article, published in the Canadian legal newspaper, The Lawyers Weekly, in April 2009, Igor Ellyn reviews recent case law about the scope of arbitration agreements.  He notes that Ontario courts are deferential to arbitration agreements because of the tendency of the judges to respect the right of business people to select the forum for resolution of their disputes.    However, arbitration clauses are often the result of one party imposing terms on another or the result of a hard-fought compromise.  Therefore, there may be ambiguity of interpretation when a dispute arises. Further, litigants and their counsel tend to look for a juridical advantage and the forum and place where dispute is determined could impact on the result.  Therefore, litigation over the scope of arbitration clauses will often occur.  The lawyers of Ellyn Law LLP and Senior Partner Igor Ellyn provide sound advice and experienced counsel in this important aspect of business litigation.

Seek Legal Advice Early to Avoid Losing Lien Rights – by Orie Niedzviecki  

Once you have made the decision to lien, you can sometimes find yourself out of luck.  The general rule, as set out in Ontario’s Construction Lien Act, is that you have 45 days to place a lien (or “preserve the lien” in legal language) from the date of the abandonment of the contract or its completion.  This general rule applies in cases where there is no certificate of substantial completion.

So you your business has a legal problem...8 useful tips on getting legal advice and what to expect from your lawyer

The Better Business Bureau of Central and Mid-western Ontario recently appointed Ellyn Law LLP as the first law firm in the Greater Toronto area to provide initial telephone legal consultations to BBB accredited business matters. In this article, which was published in the BBB e-Newsletter, Orie Niedzviecki and Igor Ellyn offer useful tips to business owners on how to get legal advice and what to expect from the lawyers and the legal system. They suggest that by following these tips, the resolution of a business dispute is likely to be a less expensive, less time-consuming and less stressful experience.

Tension between Choice of Law and Mandatory Rules in Agency and Employment Arbitration

A recurring problem in international commercial arbitration is the tension between the right of the parties to choose the law to be applied to the determination of the dispute and the mandatory laws of a jurisdiction which has a connection with the subject-matter of the dispute. “Party autonomy”, or the right to choose the applicable law, is one of the hallmarks of international commercial arbitration. As Igor Ellyn observes in this presentation, even party autonomy has limits in certain cases and may be trumped by the mandatory laws of a particularly jurisdiction. These slides were part of Igor Ellyn’s presentation as a speaker at a legal conference held at the Bloomberg Center, New York in March 2008 called “Perspectives on International Labor and Employment Law”, jointly sponsored by the New York State Bar Association and Cornell University, ILR School, Labor and Employment Law Program.

Corporate Law and Family Law: Spouses as Shareholders

In this PowerPoint slide presentation, we provide useful information about the legal problems confronting separating or divorcing couples who are in business together.  When the marriage is in trouble, the family or closely-held business may also be affected.  By reviewing these slides you will gain important insights about the issues lawyers have to deal with in these situations.  What law applies?  What other kinds of experts do you need?  What legal advice will you need to find a workable resolution?  What evidence will you need if the case has to go to trial?  What procedure must be followed?  If you are in business with your spouse or life partner, the information in these slides provides a few pointers about Ontario law even if the relationship is continuing.  Sometimes, a unanimous shareholders’ agreement or some strategic advice can help avoid expensive litigation down the road.   Click here to view the  PowerPoint slides.   Firm Partner, Orie Niedzviecki, participated in the preparation of these slides.

 

The Five Most Significant Cases in the Courts 2006-2007

Keeping current on the most significant legal developments is an important part of our expertise.  For the fifth time, Igor Ellyn was invited to deliver the keynote presentation at the Ontario Bar Association's "Operation Update", on the above subject of the "Five Most Significant Cases in the Courts in 2006-2007.  Presented both in text and PowerPoint format, this article discusses cases which may affect the lives of many Canadians in the coming years.   The paper was prepared with the collaboration of associate, Evelyn Perez Youssoufian and former associate, Michelle Gordon.

Winning Business Appeals and the Concept of Commercial Reasonableness

A stark reality of our justice system is the desired result is not always achieved before the first judge who hears the case. Appellate Courts, including the Divisional Court and Ontario's highest, the Ontario Court of Appeal, plays an important role in ensuring that decisions of the Courts are consistent and correct, subject to limits of appellate review. At a legal conference in Toronto held in May 2007, Igor Ellyn and Michelle Gordon presented a paper which analyzed how appellate courts have dealt with appeals in business cases. As a result of their analysis, parameters have been identified which may increase the prospect of success on a business appeal.

Shareholders Remedies in Canada

In this paper, based on a speech delivered at a legal conference in Whistler, BC in April 2005, Igor Ellyn discusses the various legal procedures available to shareholders and other corporate stakeholders to redress unfairness, lack of disclosure and breach of fiduciary in corporations. The paper focuses on the rights of shareholders, directors and even employees and creditors. The remedies discussed include investigations, derivative actions, oppression remedy and winding up.

 

The Five Most Significant Cases in the Courts 2004-2005

Keeping current on the most significant legal developments is an important part of our expertise.  In October 2005, Igor Ellyn delivered the keynote presentation at the Ontario Bar Association's "Operation Update", on the above subject of the "Five Most Significant Cases in the Courts in 2004-2005.  Presented both in text and PowerPoint format, this article discusses cases which may affect the lives of many Canadians in the coming years.

 

The Enforcement of Foreign Judgments in Canada 2004
L'Éxecution des jugements étrangers au Canada

These articles, available both in English and French, discuss the 2003 decision of the Supreme Court of Canada in Beals v. Saldanha.  See the article below, "Toward a Global Village Approach In The Enforcement Of Foreign Judgments" which discusses the law prior to December 2003.

Toward a "GLOBAL VILLAGE" Approach In The Enforcement Of Foreign Judgments

For a decade prior to the Supreme Court of Canada's decision in Beals v. Saldanha, the law of enforcement of foreign judgments in Canada was guided by principles in the the Supreme Court's decision in Morguard v. de Savoye. In this article, published in the U.S. legal journal, National Reporter, Igor Ellyn, QC and Agnes E. MacNeil espouse the applicable principles.

Five Most Significant Cases 2002-03
Five Most Significant Cases 2000-01

These articles were presented for Ontario Bar Association's "Operation Update" and highlight important cases decided by Courts in the relevant years.

Illustrative Evidence in Civil Litigation*

In our fast-paced world, we have very little time to get our points across. Cutting edge lawyers now, resort to graphics and images to make their presentations more persuasive and effective. The old adage that a picture is worth 10,000 words is often true. As an advocate, Igor Ellyn understands that effective persuasion is what clients expect of their lawyer. In this paper, delivered at a legal conference in October 2004, Mr. Ellyn highlights how illustrative evidence can be used to make facts of a case more persuasive at every stage of the proceedings. He also demonstrates the many forms of illustration, some of which are interesting and surprising.     *For Paper Click Here. For Accompanying Slides Click Here

Persuasive Pleadings Promote Settlements

This article was presented at an Ontario Bar Association program on Mediation. The emphasis on mediation and other alternative dispute resolution techniques requires a new approach to all aspect of litigation practice. A report on this present was published in "The Lawyers Weekly" and appeared in the website www.bar-ex.com.

Proving Just Cause as Employer's Counsel

Employees are entitled to reasonable notice or compensation unless the employer has just cause. Just cause is often difficult to prove and an employee who tries to prove just cause where none exists could suffer adverse results. This article presented at a Law Society of Upper Canada employment law conference highlights the law in this area.

Undertakings In and Out of Court

Undertakings are promises lawyers make to another to keep the litigation process moving. This article presented at an Ontario Bar Association program explains how they work and the consequences of not fulfilling them.

Five Most Significant Cases 1997-98

This article was presented at the Ontario Bar Association continuing education program for lawyers, "Operation Update".  It highlights important cases in 1997-98.

Cross-Examining Forensic Accountant

Expert evidence is crucial in commercial case and the calculation of damages is often the most critical aspect of the case. In this article, presented several years ago to a Canadian Bar Association legal conference, Igor Ellyn, QC highlights important elements and pitfalls of this important aspect of trial practice.

Certificates of Pending Litigation

As commercial litigation counsel, Igor Ellyn, QC has extensive experience in real estate litigation. Central to litigation involving real estate, protection of assets and enforcement of foreign judgments is an understanding of the concept of the certificate of pending litigation. The is article was prepared several years ago and numerous relevant cases have been decided since its preparation.

Articles by Legal Professionals outside our firm

What Persuades by The Hon. Mr. Justice John I. Laskin

Mr. Justice Laskin of the Ontario Court of Appeal, is one of the best-respected judges in Canada. This article, posted with the kind permission of the editor of The Advocates Society
Journal, describes how lawyers can make their appellate arguments more persuasive. Credibility, conviction, concreteness, cognitive clarity and concision and appeals to emotion are some of the important factors.

Ten Topics that frequently arise at Wrong Dismissal Mediations by Barry B. Fisher, Mediator & Arbitrator

Barry Fisher is one of the best-known mediators and arbitrators in the employment law field. In this article, prepared for a lawyers newsletter and posted with the kind permission of the author, Mr. Fisher explains the elements of a wrongful dismissal mediation. These factors are very important because mediations take place in nearly every wrongful dismissal case.