Business Litigation & Arbitration Lawyers in Canada

Ellyn Law LLP

Main Office
181 University Avenue
Suite 2200

Toronto, Ontario M5H 3M7
Canada

Phone(416) 365-3750
Fax (416) 368-2982

Articles Published by Ellyn Law LLP

 Recent Canadian Court Decisions Affecting Commercial Arbitration

More business cases are going to arbitration than ever before. Therefore, courts have to confront more procedural and legal issues arising out of arbitration cases. Judges often have to remind litigants of the deference given to arbitrators, when the parties have agreed on arbitration as their dispute resolution method. In this presentation, Igor Ellyn reviews nine of the latest cases and explains how they affect the law and practice of arbitration in Ontario and Canada.

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 Fraud Claims in Business Transaction Litigation - Canada

Fraud in business transactions is on the rise in the province of Ontario, Canada. Litigating business transaction claims involving fraud requires an understanding of complex aspects of legal procedure, contract and tort law. Igor Ellyn, QC, a senior Toronto litigation counsel, provides useful details on this topic.

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 Preparing for Cross-Examination and Discovery in Ontario Lawsuits: Tips, Pointers and Best Practices

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.

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 Using Financial Expert Witnesses in Business Litigation

In business litigation, the quality, independence and acceptability of the expert evidence can make or break the case. This article discusses the law of Canada affecting the use of financial experts and best practices to make their evidence most effective. This presentation was prepared for a legal conference which took place in Toronto on May 30, 2013. The contents are not legal advice. Please contact the authors if you have any questions.

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 Liability of Directors in Canada - An Excerpt

This an excerpt of the Canada chapter of International Liability of Corporate Directors, 2nd ed., Juris Publishing, Feb. 2013. Parts of the full chapter are excluded, including, offering corporations, corporate reporting, role of securities commissions, insider trading, prospectus violations, loans and liability insurance and indemnification. Please consult the full chapter. Information only not legal advice.

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 Civil Litigation Procedures in Ontario, Canada

This summary of Civil Litigation Procedures was prepared on the on the occasion of the 2012 Annual Conference of the International Network of Boutique Law Firms in Rancho Palos Verde, CA on Oct 12-14, 2012. The law and procedure are similar but not identical in the Canadian common provinces and territories but differs in Quebec which has a Civil Code. This summary is not exhaustive and is not intended as legal advice.

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 Effective Advocacy in Commercial Arbitration

With the proliferation of international commercial arbitration and business arbitrations locally, a large body of rules, protocols, laws and conventions - formal and informal -- have developed. Litigation lawyers cannot assume they know the ins and outs of arbitration without learning how the details. This article reproduces the power point slides of a presentation made by the author at an Arbitration Advocacy seminar in October 2012. They are for information only and not legal advice.

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 The Role of Arbitration in International Business

International commercial arbitration is the most common method for resolving disputes arising from agreements between businesses from different countries. In this presentation, the author describes the systems and procedures applicable to international commercial arbitration and helps business people understand what to expect.

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 Orders and Awards in Commercial Arbitration and Related Court Proceedings - Canada

The authors discuss the impact of an important decision of the Ontario Superior Court concerning an arbitrator’s jurisdiction to make orders affecting non-parties and related matters. Also discussed is the enforcement of an award under section 50 of the Arbitration Act.

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 How to Make In-Trial Objections Less Objectionable

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. In this informative article, litigation counsel Igor Ellyn and Belinda Schubert explain how this is most effectively done.

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 Canadian Arbitrator Lacks Jurisdiction to Make Orders Affecting Rights of Third Parties

In a recent decision, Justice Perell of Ontario’s Superior Court of Justice, ruled that an arbitrator lacks jurisdiction to affect rights of non-parties. The arbitrator also lacked jurisdiction to grant an ex parte protective injunction. The arbitrator’s order was unenforceable.

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 Canadian Litigants Battle over Scope of Arbitration Clauses

In Canadian courts, arbitration agreements are broadly interpreted and if a dispute could arguably fall within the scope of an arbitration clause, the court should refer the parties to arbitration. Courts should permit the arbitrator to determine if the claim falls within the scope of the arbitration clause. However, that doesn't mean there is no litigation over arbitration clauses.

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 Shareholders' Remedies in Canada in 2010

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 vailable remedies if disputes arise. This paper highlights the remedies available in common law jurisdictions of Canada to protect shareholders and others from abusive corporate action, including oppression remedy, derivative actions, court-ordered meeting, investigations and winding up.

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 Litigating in the Enlightened Age of Mediation in Ontario, Canada: Drafting Pleadings

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 its audiences in mind, it can go a long way to help achieve a good settlement. The authors are experience business litigation lawyers in Toronto, Canada.

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 The Standard of Appellate Review in Ontario Canada: High Hurdles to Right Wrongs

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. Winning counsel has to deal with the possibility of reversal.

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 The Five Most Significant Decisions of the Canadian Courts in 2008-2009

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.

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 Developments in the Enforcement of Foreign Judgments in Canada

Courts in Ontario, Canada, where more than one-third of Canada’s population resides, are very receptive to the enforcement of final and conclusive foreign money judgments is subject to certain statutory exceptions and procedural requirements. The authors detail the law and procedure relating to the enforcement of foreign jdgments in Ontario, Canada.

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 Family Shareholder Fights Highlight Need for Formal Agreements

An article in Canadian Law Times discusses a hotly-contested shareholder dispute.

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 The Enforcement of Foreign Judgments in Canada

This article is for information only and not legal advice. The author discusses the enforcement of foreign judgments in Canada. This article was originally presented in French at the Conference of the Association of French Speaking Lawyers of Ontario (AJEFO) in Niagara Falls, Ontario, June 4, 2004. It has been translated into English by the author. The content is still current to 2009.

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 Resolving Shareholder Disputes in Canada

This article discusses issues affecting disputes among shareholders of private corporations in Ontario, Canada. The authors are partners of a Toronto law firm which focuses on litigation, arbitration and resolution of shareholder and other business disputes.

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

There is tension in international arbitration between party autonomy and mandatory laws of a jurisdiction connected to the dispute. Party autonomy may be trumped by mandatory laws of a particular jurisdiction. These slides were part of Igor Ellyn's presentation at a March 2008 legal conference in New York called “Perspectives on International Labor and Employment Law”, hosted by the New York State Bar Association and Cornell University, ILR School.

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 So your Business has a Legal Problem. . . 8 Useful Tips on what to Expect from your Lawyer

As a business owner, you are usually run off your feet with the challenges of operating your business. The last thing you need to worry about is a legal problem. Many business people put off dealing with a legal problem because they don’t know where to turn, don’t have the time, or most often, are afraid of how much it will cost and how much time it will take. The authors give tips on how to get legal advice efficiently.

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 The Business Legal Checkup: Preventive Advice for the Legal Health of your Business - Canada

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.

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 Canadian Litigants Battle over Scope of Arbitration Clauses Seeking Juridical Advantages

In Canadian courts, arbitration agreements are broadly interpreted. If a dispute could fall within the scope of an arbitration clause, courts refer the parties to arbitration. Despite judicial clarity, a plethora of litigation over the scope of arbitration clauses exists. The author, a senior business litigation and arbitration counsel in Toronto, Canada and a chartered arbitrator discusses the current state of the law.

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 Shareholders' Remedies in Canada

When doing business in Canada, remedies to resolve shareholder disputes re very important. 

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 Toward a "Global" Village Approach in The Enforcement Of Foreign Judgments in Canada

Enforcement of Judgments across international borders is an important element in international commerce. In this article discuss the state of the law in Canada In Beals v. Saldanha, 2003 SCC 72, the majority of the Supreme Court of Canada ruled that the "real and substantial connection" test applied to the enforcement of judgments from jurisdictions outside Canada. 

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 Winning Business Appeals and the Concept of Commercial Reasonableness

The authors are commercial litigation appellate lawyers in Toronto, Canada. Relying on experience and anecdotal research in commercial appeals, they conclude that at the root of appeals from judgments in commercial cases is the burning question, "Does the result make sense from a business perspective?” The paper demonstrates that in commercial appeals, the Ontario Court of Appeal generally operates on the principle of “commercial reasonableness”.

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