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Litigation

Printable Summary

Lawsuits cannot be taken lightly, since large amounts of money, or important, precedent-setting legal principles, or the reputation of a company or an individual may be at stake. The strength and experience of a well-established law firm is vital. While the case may eventually end up in court, experienced trial lawyers can often find a satisfactory solution before that point. If a case proceeds to trial, the courtroom must be familiar territory for the legal team. Their reputation as fearless, thorough litigators must precede them if their client is to succeed.

Litigation was the field of Torkin Manes’ founding partners; the firm has gone from strength to strength in building a dynamic, responsive team of advocates to serve every legal need. Torkin Manes’ litigators have built stellar reputations based on their ability to absorb the issues quickly, assess the risks and impacts, evaluate the opposition’s case, find the compelling arguments, and speedily reach a satisfactory resolution.

With an extensive team of litigators, each with niche experience, Torkin Manes’ Litigation Group provides a wide a range of advocacy services.

Commercial Litigation

Torkin Manes’ Commercial Litigation Group has a superior reputation for aggressively pursuing our clients' best interests. We begin with a risk assessment, then we develop the right legal and practical strategy for each client's case, ensuring that risks are understood and minimized while chances for success are maximized.

Our senior litigators are recognized leaders in their field and superb mentors for our talented juniors.  They prepare to take each and every case to court, but will obtain a negotiated resolution if it achieves the most desirable results for our clients in terms of cost, human investment and time. They have earned the trust and respect not only of our clients, but also of opposing counsel and the judiciary.

The size of our Commercial Litigation Group has allowed us to develop many areas of special expertise in complex matters, from shareholder and partnership disputes, to temporary and permanent injunctions, securities litigation, construction litigation, receiver/manager applications, breach of contract lawsuits, franchise disputes, bank and debtor/creditor litigation, real estate disputes, mortgage enforcement, class actions and commercial arbitrations.

Torkin Manes’ Commercial Litigation Group works closely with our Business, Real Estate, Tax, Trusts & Estates and Family Law Groups when their clients’ matters involve disputes. We also act for many international clients with business interests in Canada and Canadian clients with business interests elsewhere. Torkin Manes is a founding member of the International Alliance of Law Firms (now Ally Law), an international network of select law firms that enables us to help our clients obtain excellent legal service and counsel in over 40 jurisdictions worldwide. We are also able to render services to other members' clients from around the globe.

Professional Liability

Clients facing professional scrutiny either through complaints, investigations or disciplinary proceedings experience profound threats to their professional reputations, their ability to carry on their practices, and earn their livelihood. Torkin Manes has significant experience in the defence of health professionals, stockbrokers, lawyers, accountants, architects, engineers, financial advisers, and insurance brokers. We have developed strong professional relationships with the various regulatory bodies, who know that we have a solid understanding of our clients’ professional practices and obligations. Whether it’s a simple written response to a complaint, the tactical use of an alternative dispute resolution mechanism, or an aggressive defence to disciplinary charges at a hearing or on appeal, our goal is always to ensure that risks are understood and minimized and chances for success are maximized.

We work closely with our Health Law Group, which provides a complete range of legal services to health care professionals and institutions.

Our lawyers are often invited to participate in government task forces and other initiatives where their experience is relied upon to advance the law. They are highly respected as leaders in their practice areas.

Some of the areas in which Torkin Manes’ trial lawyers have developed significant experience are:

  • Administrative proceedings
  • Breach of contract
  • Business and contractual disputes
  • Commercial litigation
  • Construction litigation
  • Cross-border disputes
  • Debtor/creditor litigation
  • Employment & labour disputes
  • Estates litigation
  • Information technology litigation
  • Mediation and arbitration
  • Personal injury
  • Mortgage enforcement
  • Professional liability
  • Real estate disputes
  • Securities disputes
  • Shareholder and partnership disputes

Publications & Presentations

Torkin Manes LegalWatch

Why a Limitation Period Might Not Run Against Multiple Wrongdoers

Torkin Manes LegalWatch A considerable amount of ink has been spilled about section 5(1)(a)(iv) of Ontario’s Limitations Act, 2002. This section postpones the running o...
Jul 9, 2019
Article

Does corporate successor liability apply in Canada?

The Lawyer's Daily Few doctrines at common law evoke more trepidation for the buyers in an asset purchase agreement than the doctrine of corporate successor liability. ...
Jun 17, 2019
Torkin Manes LegalWatch

A Marriage Made in Limitations Heaven: Section 5(1)(a)(iv) Strikes Again

Torkin Manes LegalWatch There are at least two situations in Ontario where a limitation period can be postponed because the plaintiff’s lawsuit is not yet “approp...
Jun 13, 2019
Torkin Manes LegalWatch

Is Section 5(1)(a)(iv) of Ontario’s Limitations Act the new “Special Circumstances”?

Torkin Manes LegalWatch When Ontario’s Limitations Act, 2002 came into force in 2004, the Courts made serious efforts to ensure that the new two-year limitation period ...
May 21, 2019

News & Media

In the News

Marco Falco recognized as a Legal Influencer for Dispute Resolution

Lexology Content Marketing Awards Congratulations to Marco Falco, a partner in our Litigation Group, for his recognition by Lexology as a  Legal Influencer for Disp...
Jul 10, 2019
Firm News

Matt Maurer nominated as one of Canadian Lawyer’s Top 25 Most Influential Lawyers

Canadian Lawyer Matt Maurer, vice-chair of our Cannabis Law Group, has been nominated as one of Canadian Lawyer’s Top 25 Most Influential Lawyers for 2019. Matt...
Apr 24, 2019
Firm News

Congratulations to our lawyers recognized in The 2019 Canadian Legal Lexpert Directory

The 2019 Canadian Legal Lexpert Directory Torkin Manes is pleased to announce that several firm lawyers have been named as leaders in their fields in The 2019 Canadian Legal Lexpert Direc...
Apr 24, 2019
In the News

Torkin Manes recognized as the #1 ranked Ontario regional law firm by Canadian Lawyer

Canadian Lawyer We thank our clients, colleagues and peers for recognizing us with this distinguished honour.
Mar 4, 2019

Events

Matt Maurer to speak at the OBA's Litigating in a New Era program

Join Matt Maurer, vice-chair of our Cannabis Law Group, for his panel discussion on Litigating in the Legalized Cannabis Era at the Ontario Bar Associ...
Feb 5, 2019: 00:00

Adjudicative Tribunal Primer

Join Marco P. Falco on Tuesday, December 4 at 12:30 p.m. at the Ontario Bar Association’s Adjudicative Tribunal Primer, where he will be discuss...
Dec 4, 2018: 12:30

Incentivizing Employees – Choosing the Right “Option”

Our speakers will discuss the various forms of deferred employee compensation, including stock options, phantom shares, share appreciation rights plan...
Nov 17, 2015

Does Your Practice Need a Check-up? Legal Issues Affecting Dentists Today

Complaints & Discipline: A Conversation Between the College & the Defense Irwin W. Fefergrad, Registrar, Royal College of Dental Surgeons of ...
Nov 7, 2012: 19:00 - 21:30