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Civil Litigation

Civil litigation is the part of the law that encompasses business, contracts, estates, domestic (family) relations, accidents, negligence and everything related to legal issues, statutes and lawsuits, that is not criminal law.

What we do....
We act as counsel in pre-trial proceedings, applications, trials, and appeals at all levels of Ontario courts, the Federal Court, and the Supreme Court of Canada. We represent our clients in such matters as:

  • corporate and partnership disputes, including proceedings for shareholder remedies, winding-up, liquidations, take-over bids, and private and court-appointed receiverships
  • commercial disputes, including claims for breach of contract, damages, specific performance, rescission, breach of fiduciary duty, and injunctions
  • real property disputes, including actions with respect to failed real estate transactions, slander of title, surveys and boundaries, mining claims, condominium disputes, and mortgage remedies
  • creditors?rights and claims to enforce real and personal property securities, including mortgages, debentures, guarantees, and general security agreements
  • constitutional, human rights, and Charter of Rights and Freedoms litigation
  • class actions
  • construction lien proceedings
  • professional negligence claims involving solicitors, accountants, health care professionals, engineers, architects, contractors, and others
  • reference and accounting proceedings
  • appeals from administrative tribunals
  • appeals on refusals to issue building permits
  • environmental litigation
  • employment contracts and wrongful dismissal claims
  • bankruptcy and insolvency, receiverships, corporate rearrangements, and settlements
  • landlord and tenant disputes and lease remedies such as forfeiture, possession, distress, and claims for damages
  • insurance claims, including personal injury, directors?and officers?liability, and environmental claims
  • interpretation of contracts and statutes
  • aboriginal law and land claims
  • municipal by-law challenges
  • estate litigation and dependant's? relief applications
  • nuisance, trespass, libel and slander, malicious prosecution, slander of goods
  • aviation and products liability litigation
  • intellectual property claims and remedies, including claims about misappropriation, breach of copyright, and breach of confidence
  • provincial offences including environmental, competition law offences, and some Criminal Code offences, in which we act as defence counsel</li>


Administrative Tribunals and Judicial Review
We appear as counsel for clients requiring representation before tribunals, such as boards and commissions, and on appeals or judicial review of tribunal decisions. In some instances, we act as counsel to the tribunal itself. The tribunals and administrative agencies include:

  • professional discipline bodies for health care professionals, lawyers, accountants, etc.
  • licensing commissions at the municipal and provincial levels including the Alcohol and Gaming Commission
  • Licence Appeal Tribunal
  • municipal councils, Committees of Adjustment, Land Division Committees, Niagara Escarpment Commission, and the Ontario Municipal Board
  • assessment tribunals and taxation and revenue courts
  • royal commissions and public inquiries
  • Ontario Securities Commission
  • Ontario Energy Board and National Energy Board
  • Ontario Human Rights Commission
  • Financial Services Commission of Ontario
  • Environmental Review Tribunal
  • tribunals dealing with employment, workplace and labour law issues including the Ontario Labour Relations Board
  • land compensation tribunals for expropriation and injurious affection claims
  • transportation tribunals
  • hospital governance and restructuring
  • Competition Tribunal


Alternative Dispute Resolution

  • We act for parties involved in mediation and arbitration or in other forms of third party neutral negotiation
  • We design dispute resolution procedures and structures to resolve disputes in a cost-efficient manner
  • We act as arbitrators, mediators, fact-finders, or third party neutrals in a facilitative or evaluative capacity


For further information on how we may help you please contact our office.

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© Pelech Otto & Powell Barristers & Solicitors 2012