Commercial Litigation

Our extensive commercial litigation practice covers a wide range of contractual and business disputes. Our practice frequently includes disputes over business agreements, often revolving around the interpretation or enforceability of written or unwritten terms. We frequently address disputes over the interpretation of specific contractual clauses, such as non-compete clauses, restrictive covenants, limitations of liability, indemnity clauses, and liquidated damages or penalty clauses. Notably, we have successfully resisted the enforcement of contracts by demonstrating that the high bar for defenses like non est factum has been met.

We handle commercial cases involving the supply of goods and services; corporate fraud; agreements of purchase and sale; joint venture agreements; and financing agreements. We are industry-agnostic, having handled cases ranging from complex pharmaceutical matters to beer sales. Our expertise lies in quickly and comprehensively digesting the issues affecting your businesses, and picking the right tools to solve them.

Reported Decisions

Sutton Group-Admiral Realty Inc. v. Taborovska, 2021 ONSC 2837 and 2021 ONSC 5054
– Successfully resisted the enforcement of a written contract at trial on the basis of the doctrine of non est factum

Sakab Saudi Holding Company et. al. v. Saad Khalid S Al Jabri et. al., 2022 ONSC 150; 2023 ONSC 2754; 2024 ONSC 1601
– Acted as part of a team for the primary defendants in multi-billion dollar litigation involving allegations of fraud against a former public official in the Saudi Arabian government, including complex Charter and Evidence Act issues, challenges to Mareva orders, and privilege and production disputes

Representative Work

– Acted for a publicly traded health technology company in a breach of contract claim
– Acted for a commercial tenant with respect to a dispute regarding the interpretation of a lease
– Defended the vendors of a pharmacy business in a claim for the payment of commission in connection with the sale
– Acted for commercial landlords against tenant corporations and their directors for breach of lease and relief from oppression
– Assisted a commercial landlord to resist an attempt by a tenant to invalidly exercise an early termination option in the lease
– Successfully resisted a motion for interim possession of industrial manufacturing equipment under Rule 44 of the Rules of Civil Procedure
– Represented clients involved in a private arbitration hearing to determine a dispute regarding the distribution of the proceeds of the sale of a residential development project
– Represented a supplier of fixtures for big box stores in a claim to recover over $2 million in unpaid invoices from a major retailer
– Acted for a cannabis retailer in obtaining the discharge of certain financing obligations to enable corporate expansion
– Acted for a pharmaceutical company in a private arbitration relating to the interpretation and breach of a licence agreement
– Acted for a mid-size developer in resisting allegations of breach of fiduciary duty and theft of corporate opportunities from its principals’ former employers