Publications

These tips, pointers and information are intended for persons who must attend for cross-examination or examination for discovery in a civil proceeding in Ontario. There are some procedural differences between cross-examination and discovery but generally, preparation for the examination is the same.

The authors explain how a Business Legal Checkup (“BLC”) can be useful. BLC is a diagnostic tool small and medium size businesses can use to verify if legal aspects of their operation comply with law and to minimize risk, litigation and expense. When the BLC is completed, the business owner receives a lawyer’s report red-flagging matters which need correction, improvement or further legal advice. Contact the authors for more information.

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.

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.

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.

Igor Ellyn, QC, CS is a leading Toronto litigation lawyer, chartered arbitrator and mediator, who specializes in shareholders disputes and arbitration. In this highly informative presentation, Mr. Ellyn discusses litigation and arbitration of shareholder oppression cases.

In the enlightened age of mediation, more than of 90% of all lawsuits eventually settle. Good counsel must now see the pleadings in a different light. The Statement of Claim or Complaint is a very useful marketing tool. If drafted with all of its potential readers in mind, it can go a long way to set the table for a good settlement. Good pleadings also make statement about the expertise and ability of the counsel who drafted them. The authors are experience business litigation lawyers in Toronto, Canada. They use persuasive written advocacy as powerful tools in their winning advocacy arsenal. Read More →

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.

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.

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.