Litigation

Experienced at handling diverse demands in dispute resolution and mediation

Litigation is the practice, act or process of resolving a dispute within a court of law or privately through arbitration with the goal of enforcing specific rights and obligations. Unless settled, a judge or arbitrator will render final decisions during litigation.

Practice Overview

The Litigation Group at Steinbergs is very experienced at handling diverse demands in dispute resolution and mediation, and providing representation in all facets of litigation before all levels of the Ontario judicial system. Our lawyers have extensive backgrounds in dealing with all commercial disputes including banking matters, construction lien claims, condominium compliance, bankruptcy and insolvency issues, negligence actions, wrongful dismissal, personal injury, insurance claims, and many other areas. We've represented clients in courts and tribunals throughout Ontario at trial and appeal levels.

Estate Litigation

The death or mental incapacity of a loved one can involve both legal and emotional issues that require the services of competent and experienced litigation counsel. You need someone that can navigate the complex legal and procedural issues that may arise in these circumstances. Whether it is ensuring compliance with the wishes of a deceased parent or other relative, that medical and financial decisions of an incapable person are made by those who are close and care for that individual, or that beneficiaries and dependants of a deceased or incapacitated person are protected and they receive their legal entitlement, the lawyers at Steinbergs bring decades of experience, together with a sensible and caring, yet aggressive approach to resolving matters which arise from estate and incapacity disputes. The litigation department represents clients in the following matters:

  • Will challenges;
  • Intestate estates (where there is no will);
  • Guardianship applications;
  • Power of Attorney challenges;
  • Trusteeship matters including removal of Trustees;
  • Estate accounting and passing of accounts;
  • Dependants’ relief and support; and
  • Matters before the Consent and Capacity Board, including reviews under the Mental Health Act.

Corporate/Commercial Litigation

Conflicts often arise in the context of commercial relationships, such as shareholder or partnership disputes, improper fulfillment of contracts for goods or services, and director and officer liability. Steinbergs' clients can rely upon our vast knowledge and the experience of our litigators to assertively and confidently put their positions forward in court or by private arbitration to ensure the safeguarding of businesses and enterprises that they have built up over their lifetime. Our litigation team employs their expertise in both substantial and procedural law to ensure that businesspeople – both large and small – are protected. The litigation services offered to corporate and commercial clients include:

  • Injunctions and other procedures to ensure that corporate assets and property are not wrongfully taken or wasted;
  • Oppression remedies including those for minority shareholders or others who may need to defend themselves against majorities within a corporation;
  • Forced corporate break up;
  • Collection of receivables;
  • Appointment of receivers or monitors;
  • Contract enforcement;
  • Commercial lease and property disputes;
  • Shareholder and partner disputes; and
  • Accounting disputes.

Condominium Law

Steinbergs represents and advises Condominium Corporation Boards and Property Managers on matters and issues which involve the enforcement and protection of their respective rights and obligations. We're experts at providing all of the services Condominium Corporations and Property Managers require including:

  • Litigation services in the areas of construction law;
  • Contractor disputes and declaration;
  • By-law and Rule and Regulation enforcement;
  • Compliance advice relating to the new Condominium Act and its regulations; and
  • Contract drafting and negotiation.

Appellate Advocacy

Appellate advocacy, both written and oral, is distinctly different than trial advocacy. It seeks to identify, characterize and persuade the appellate court that the errors made by the court below fall within the standard of review of the appellate court and that the order or judgment should be varied, set aside or remitted back to the court below.

We have lawyers who have appeared at all levels of appeal, including numerous appeals in the Ontario Court of Appeal. Among the wide range of appeals we've been involved with are: appeals from orders and judgments in civil and commercial matters, including appeals in employment, franchise, civil fraud, mortgage, property development, insurance subrogation rights, personal injury, trusts and professional liability matters.

Steinbergs offer the following legal services in appeals:

  • Acting for appellants, respondents and interveners in appeals and proceedings for leave to appeal;
  • Advice on possible appeals and proceedings for leave to appeal;
  • Assistance to other lawyers on preparing appeals and proceedings for leave to appeal;
  • Advice and representation in all aspects of appeal, including stay of lower court orders and judgments pending appeal, extension of time for appeal, motions to admit fresh evidence, intervening on appeals, procedural aspects of appeal, including motions in the appeal, the preparation of factum and the preparation and presentation of oral argument on appeal; and
  • Advice and representation in the appeal of arbitration awards.

Insolvency and Bankruptcy

Insolvency is the inability of a person or corporation to pay financial obligations when they are due, or when debts are larger than assets. Bankruptcy is the legal process by which most, if not all, of debts are eliminated or greatly decreased, where the debtor’s assets and income are administered by a Trustee in Bankruptcy in an effort to maximize payments to creditors. Our lawyers have extensive experience acting for all parties involved in this process, be it Trustees in Bankruptcy, Receivers (private and court-appointed), debtors and creditors. We provide the benefit of our knowledge and experience in navigating the bankruptcy process no matter where our clients may require it.

Among the situations in which the insolvency practice represents clients include:

  • Bankruptcy Discharge Hearings (for bankrupts and creditors);
  • Receiverships (private and court appointed);
  • Enforcement of security agreements including taking possession of, and managing, assets for secured creditors;
  • Complicated insolvency proceedings involving secured and unsecured creditors; and
  • Acting for Receivers and Trustees in Bankruptcy in managing insolvent estates.

Pharmacist Lawyers

Our lawyers defend pharmacists being investigated by the Ontario College of Pharmacists and have significant experience handling disciplinary matters under this body.

If you have been the subject of an investigation by the Ontario College of Pharmacists, you have the right to receive the Report of Investigation and make submissions to the ICRC. These submissions should be drafted by experienced counsel to protect your rights and interests and to ensure that your professional reputation and career are protected.

The Discipline Committee has broad powers which can have a serious effect on your professional license and career. It has the power to: revoke your certificate of registration, suspend your certificate and/or impose terms and conditions on your practice.

Consult with our team to learn more about your options.

Ministry of Health and Long-Term Care Investigations

The Ministry of Health and Long-Term Care will often audit and investigate pharmacies for their billings under the Ontario Drug Benefit Plan. If you or your pharmacy is being audited or investigated by the Ministry of Health and Long-Term Care, contact us to find out more about how we can help.

Real Estate Litigation

The areas encompassing real estate litigation include enforcement of mortgages, commercial leasing disputes, real property sales that did not close and property line conflicts. Our lawyers have experience acting for both mortgage lenders and borrowers, commercial landlords and tenants, and others who need the highly specialized knowledge and experience required to protect people and corporations who find themselves in disputes involving real estate and property. We bring our aggressive, managed and intelligent approach in the following areas:

  • Commercial leases, including relief from forfeiture and injunctions;
  • Enforcement of mortgages in default, including defence;
  • Construction Liens;
  • Enforcement and damages arising from real property transactions that were not completed;
  • Negligence involving real estate agents and brokers; and
  • Lawyers’ negligence in property transactions.

Employment Law

Our Employment/Labour Law team provides advice to both employees and employers on a variety of issues, including:

  • Human rights;
  • Wrongful dismissal;
  • Employment contracts;
  • Discrimination;
  • Restrictions; and
  • Obligations in the workplace.

Recent Key Projects

Recently acted on an matter in obtaining an injunction on a commercial fraud issue in which over $7 million in assets were successfully frozen. A settlement was reached resulting in removal of alleged fraudulent partner in $18 million company.

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"Very helpful and responsive. Would definitely recommend to others."
Avraham Grunberger

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