Publications

When advising business clients about doing business in Canada, lawyers must turn their minds not only to the kinds of corporate vehicles which Canadian law permits but also the remedies permitted if disputes arise. In this paper, we highlight the range of remedies available in the common law jurisdictions of Canada to protect shareholders and others from abusive corporate action. Read More →

Small and medium sized businesses are the engines which drive the North American economy. Increasingly, people go in to their own business. Often spouses and other family members are in business together. Because of mutual trust and sharing which exists at the start of these arrangements, spouses tend not to make agreements about what will happen if the marriage breaks down. Read More →

Persuasive advocacy involves juggling many balls at the same time. Counsel must develop a plausible theory of the case. S/he must consider what evidence is available and how it should be led. Argument about inferences to be drawn from the evidence and law must be crafted to present the client’s case persuasively. Read More →

Commercial Arbitration is a process which depends on the consent of the parties. Only parties to the arbitration agreement can be affected by the arbitrator’s award. In this article, the authors review a recent judgment of the Ontario Superior Court of Justice which set aside an arbitrator’s award which made orders against third parties. Read More →

When advising business clients about doing business in Canada, lawyers must turn their minds not only to the kinds of corporate vehicles which Canadian law permits but also the remedies permitted if disputes arise. In this paper, we highlight the range of remedies available in the common law jurisdictions of Canada to protect shareholders and others from abusive corporate action. Read More →

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.

What the Courts decide affect the lives of many citizens. In this interesting article, the authors review the most important decisions decided by Canadian courts between September 2008 and August 2009. The cases shed light on developments in the law and insightful analysis. Read More →

Enforcement of a U.S. or international judgment in Canada requires expert knowledge of Canadian law and procedure.
Courts in Ontario, Canada, which includes the Greater Toronto Area, are receptive to the enforcement of final and conclusive foreign money judgments is subject to certain statutory exceptions and procedural requirements. This article explains the law and procedure applicable in Canada, with emphasis on the Province of Ontario, where one-third of Canada’s population resides. Read More →

This article, published in July 2009, discusses key issues affecting disputes among shareholders of private corporations in Ontario, Canada. The authors, Igor Ellyn and Orie Niedzviecki, both of Ellyn Law LLP Business Litigation and Arbitration Lawyers, are partners of a Toronto boutique law firm which focuses on the litigation, arbitration and resolution of shareholder and other business disputes. Read More →

Assessing the prospects of success on appeal and winning on appeal are among the most difficult aspects of an advocate’s role. Losing party’s counsel is confronted with human and analytical challenges which can be more complicated than the events which led to the unsatisfactory trial judgment, jury verdict, arbitral award or tribunal decision. Read More →