Our students attend trials, motions,
appeals, arbitrations and other hearings.
We teach by example and our students
learn by doing. If litigation is your
passion then Lenczner Slaght is the firm
you are looking for.
Barclays Bank PLC v. Metcalfe & Mansfield et al, (February 27, 2009) Ont.S.C.J. - successful defence of injunction application pertaining to release of monies posted under credit default swap agreements.
Conway v. Bell Canada, (February 2, 2009), Ont. S.C.J. - successful defence of Bell in action alleging negligent misrepresentation and negligent supply and installation of phone equipment.
Gore v. College of Physicians and Surgeons of Ontario, [2008] O.J. No. 3757 (Div. Ct.) - judicial review application to Divisional Court concerning the scope of investigative powers of the College of Physicians and Surgeons to question and observe physicians in their practices.
G.M. v. Alter, [2008] O.J. No. 3493 (S.C.) - appeal concerning assessment of costs in medical malpractice action.
Rollin v. Baker, [2009] O.J. No. 225 (S.C.J.) - trial in defence of a general surgeon in a medical negligence action.
Association of Professional Engineers of Ontario v. P.L. (2008) - successful defence of an engineer alleged to have committed professional misconduct and to have been incompetent.
R. v. Gasparetto, [2008] O.J. No. 3840 (S.C.J.) - defence of an accused charged with several counts of fraud in a criminal proceeding.
Law Society of Upper Canada v. Neinstein, [2008] O.J. No. 3731 (Div. Ct.), [2007] O.J. No. 958 (Div. Ct.) - successful appeal of an administrative decision for the Law Society of Upper Canada.
Geddes v. Bloom, [2008] O.J. No. 3458 (S.C.J.) - successful defence of a radiologist in a medical negligence action.
Heintzman v. Poole, [2008] O.J. No. 2948 (S.C.J.) – trial of claim enforcing a right of first refusal over an island in Georgian Bay.
Precious Metal Capital Corp. v. Smith, [2008] O.J. No. 1236 (S.C.J.) –motion challenging the jurisdiction of the Canadian Courts in respect of a dispute over mining properties located in Lima, Peru; appealed to the Court of Appeal, [2008] O.J. No. 4368 (C.A.)
USB Securities Canada Inc. v. Sands Brothers Canada Ltd., [2008] O.J. No. 1676 (S.C.J.) – trial for specific performance of an agreement for the sale of shares of the former Montreal Bourse
Drug Trading Company Limited v. Riverside Pharmacy et al., Unreported CV-367473 (December 9, 2008) - successful defence of a motion for injunctive relief enforcing a right of first refusal.
Jacob v. Beamish, [2008] O.J. No. 4175 - successful motion to stay an action in favour of arbitration.
Canpages Inc. v. Quebecor Media Inc., [2008] O.J. No. 2169 - motion for injunctive relief to enjoin the defendant from soliciting and competing with customers of the plaintiff.
Nutech Brands Inc. v. Air Canada, [2008] O.J. No. 1065 - motion for certification of class action and notice of approval of settlement.
Biovail Corporation v. Minister of Health et al. 2008 FC 1162 – obtained reversal of evidence in proceeding under the PMNOC Regulations.
Apotex Inc. v. Sanofi-Aventis et al. 2008 ONCA 724; [2008] OJ No. 1996; [2008] OJ No.85 – represented defendant Bristol-Myers Squibb in successful jurisdiction and forum motions regarding settlement of New York patent litigation.
R. v. Granitile Inc., [2008] O.J. No. 4934 - trial judgment obtained by fraud successfully set aside after lengthy trial.
Hamilton Port Authority v. National Petroleum Products Corp., [2008] O.J. No. 3905 (Div.Ct.) – appeal of an order quashing a rectification application under the Ontario Business Corporations Act.
Canada v. Granitile Inc., 2009 CanLII 20710 (ON S.C.) - successful motion to dismiss action as a result of fraud and abuse of process.
Tanglewood (Sierra Homes) Inc. v. Munro Golf Limited, 2009 CanLII 20713 (ON S.C.) - motion for interlocutory injunction to shut down the respondent's business. Was successful in defeating the motion on behalf of the respondent.
Re Jeffrey James (2008) - (Jury Verdict released on October 10, 2008) - representation of physicians in high profile Coroner’s Inquest relating to the death of a psychiatric patient at the Centre for Addiction and Mental Health.
Re Waxman (2008), 31 O.S.C.B. 413 - representation of a director and officer of a public company before the Ontario Securities Commission.
Cruz v. Robins, [2008] O.J. No. 232 (C.A.) - successful defence of an obstetrician in a negligence action and subsequent appeal involving the diagnosis of gestational diabetes and the medical management of shoulder dystocia.
Kelly v. Ontario, (2008), 91 O.R. (3d) 100 (S.C.J.) – successfully resisted a motion to strike the application.
Road Trailer Rentals Inc. v. Robinson, [2008] O.J. No. 570 (S.C.J.) – successfully responding to a motion for an interlocutory injunction in an employment matter.
Dufour v. Kim (2008) (S.C.J.) – unreported jury trial – successful defence of a malpractice action
Link v. Venture Steel (Released November 14, 2008 – Ont. Sup. Ct.) – successful trial on behalf of the plaintiff for wrongful dismissal and payment for shareholdings and options.
Gore v. College of Physicians and Surgeons, [2008] O.J. No. 3757 (Div. Ct.) – application for judicial review of the powers of the College of Physicians and Surgeons to observe physicians performing medical functions and to compel an interview.
Windsor Regional Hospital v. Bordoff (Sup. Ct.– unreported. Released October, 2008) – trial of a cross-claim between the Hospital and the Defendant Physicians regarding the care of a psychiatric patient.
Barber v. Vrozos, [2008] O.J. No. 3357 (Sup. Ct.) – trial regarding claims of negligent misrepresentation and interference with contractual relations involving the water rights at a major concert.
Deol v. Grewal, [2008] O.J. No. 3355 (Sup. Ct.) – trial to determine the composition of the board of directors and the members of a non-profit corporation.
Blue Star Trailer Rentals Inc. v. 407 ETR Concession Co. (2008), 91 O.R. (3d) 321 (C.A.) - successful appeal from a judgment declaring that 407 ETR was not permitted to charge tolls for transport truck trailers under the Highway 407 Act.
Animal House Investments Inc. v. Lisgar Development Ltd., [2008] O.J. No. 2240 (S.C.J. (Div. Ct.)); [2008] O.J. No. 616 (S.C.J.), (2007), 87 O.R. (3d) 529 (S.C.J.) - application and appeal involving a shareholder dispute in a closely held company and a just and equitable winding-up.
Precious Metal Capital Corp. v. Smith (2008), 92 O.R. (3d) 701 (C.A.) - appeal concerning the jurisdiction of the Court relating to a foreign mine.
USB Securities Canada Inc. v. Sands Brothers Canada Ltd., [2008] O.J. No. 2309 (S.C.J.); [2008] O.J. No. 1676 (S.C.J.) - application for specific performance requiring the sale of shares.
Smith v. Toronto Police Assn., [2008] O.J. No. 27 (C.A.); [2007] O.J. No. 2221 (S.C.J.); [2007] O.J. No. 746 - application and appeal to declare the actions of a non-share capital corporation to be ultra vires the constitution.
Coady v. Law Society of Upper Canada, [2009] O.J. No. 745 (Div. Ct.); [2007] O.J. No. 570 (Div. Ct.) - defence of application for judicial review arising from discipline hearing.
Law Society of Upper Canada v. Neinstein, [2008] 85 O.R. (3d) 746 (Div. Ct.) - successful appeal of a decision of the Appeal Panel of the Law Society of Upper Canada.
Beitel v. College of Physicians and Surgeons of Ontario, [2008] O.J. No. 3196 (Div. Ct.) - motion for leave to appeal a motion judge’s order dismissing the respondents’ motion to strike out an application challenging the constitutionality of a provision of the Health Professions Procedural Code.
Ontario (Commissioner, Provincial Police) v. MacDonald, [2009] O.J. No. 970 (Div. Ct.), [2008] O.J. No. 5053 (Div. Ct.), [2008] O.J. No. 4819 - application for judicial review dealing with bias in conduct of an administrative law proceeding.
Ontario (Racing Commission) v. Hudon, [2008] O.J. No. 5313 (Div. Ct.) - application for judicial review concerning admissibility of confession.
Sternberg v. Ontario (Racing Commission) (2008), 92 O.R. (3d) 257 (Div. Ct.) - successful application to quash a decision of the Ontario Racing Commission prohibiting the applicant from appearing as counsel before the Commission.
Lester v. Ontario (Racing Commission), [2008] O.J. No. 3780 (Div. Ct.) - application for judicial review of an order of the Ontario Racing Commission finding that the Applicants had breached the Rules of Standardbred Racing.
Law Society of Upper Canada v. Canada (Attorney General) (2008), 89 O.R. (3d) 209 (S.C.J.) - motion to authorize a Law Society of Upper Canada Investigator to seize evidence from the RCMP and issues of constitutional law.
Sagl v. Chubb Insurance Company of Canada, [2009] O.J. No. 1879 (C.A.) - successful in having trial judgment set aside in 22 day arson trial due to failure of trial judge to make vital credibility findings. Court of Appeal applies latest Supreme Court of Canada jurisprudence on adequacy of reasons of trial judges.
Echo Energy Canada Inc. v. Challenge Gas Holding AB, [2008] O.J. No. 4843 (S.C.J.) - application to block the voting of shares on the basis that the Respondents had participated in a transaction that was not fairly and accurately disclosed to the public markets.
Blue Note Mining Inc. v. CanZinco, [2008] O.J. No. 3403 (S.C.J.) - successful defence of a motion to stay the plaintiff's claim for lack of jurisdiction.
City of Toronto Economic Development Corp. v. Olco Petroleum Group Inc., [2008] O.J. No. 2413 (S.C.J.) - motion for production of information over which settlement privilege was claimed in environmental litigation.
Stewart v. Stewart, [2008] O.J. No. 3478 (S.C.J.) - represented a financial services company on a motion for non-party production in a matrimonial litigation.
Inquest into the Death of Michael Douglas, 2008 - represented three physicians at the Coroner's Inquest into the death of Michael Douglas, who was a psychiatric patient that eloped from hospital and was fatally shot by police.
Inquest into the Death of Ronald Grant, 2008 - represented a physician at the Coroner's Inquest into the death of Ronald Grant, who was an inmate that died while in custody at the Central East Detention Centre.
Calloway Reit (Westgate) Inc. v. Michaels Of Canada, ULC, 2009 CanLII 7760 (ON S.C.) - successful lease contract interpretation application on behalf of the commercial landlord to enforce the rent obligations of the tenant.
G.J. et al. v. W.D. Holdings Limited et. al. (Commercial List), Reasons released January 16, 2009 - successfully brought motion to strike portions of an affidavit making reference to privileged settlement communications and resisted cross-motion to strike portions of an affidavit referring to the complex personal history between the parties.
EMM Financial Corp. v. Kaushik et al (2009, Ontario Superior Court) - successful motion for summary judgment on behalf of a plaintiff landlord regarding an assignee's ongoing liability for rent pursuant to a commercial lease.
779975 Ontario Limited v. Mmmuffins Canada Corp. et al, [2009] O.J. No. 2357 (Ontario Superior Court) - successful motion to strike out the plaintiff/franchisee's Statement of Claim as failing to disclose a reasonable cause of action pursuant to Rule 21.
1470256 Ontario Inc. et al v. Timothy's Coffees of the World Inc., (2009, Ontario Superior Court) – trial of an action on behalf of defendant franchisor with respect to an alleged breach of a franchise agreement relating to the renewal of the agreement for an additional term.
Nutech Brands Inc. v. Air Canada et al, [2009] O.J. No. 709 (Ontario Superior Court) - motion to approve a settlement made between a co-defendant and plaintiff class in a class action alleging a price-fixing conspiracy.
Nutech Brands Inc. v. Air Canada et al, [2008] O.J. No. 1065 (Ontario Superior Court) - motion to certify proceeding as a class proceeding for the purposes of settlement approval and the approval of a notice program to potential class members in a class action alleging a price-fixing conspiracy.
Sinopoli v. Walling, 2009 HRTO 50 (CanLII) – successful defence of a physician in a human rights complaint wherein the complainant alleged that the physician discriminated against him on the grounds of disability because he was not accepted as a new patient. The complainant lives with a severe disability as a result of a brain injury. The Tribunal held that there was no discrimination. The complainant was not accepted as a new patient because he wanted house calls. The Human Rights Commission also challenged the physician’s new patient interview process as constituting systemic discrimination. This claim also failed.
Sandoz Canada Inc. v. Biovail Corporation, Court File No. T-1245-06, November 14, 2008 – Federal Court ruling on the proper interpretation of section 8 of the PM(NOC) Regulations denying the plaintiff’s claim for disgorgement and accounting of the defendant’s profits, adopting the decision of Mr. Justice Hughes in Apotex Inc. v. Merck & Co. Inc. et al, 2008 FC 1185.
Senger v. Lachman, [2008] O.J. No. 1654: - successful appeal of the dismissal of an action based on a faulty jury charge in an action involving a MVA and a bicycle resulting in the death of the appellant’s 15 year old son. A new trial was ordered.
Lawrence Estate v. Alexander, [2008] O.J. No. 820 - successful defence of a general surgeon in a negligence action involving the medical management of a post-operative complication following cholecystectomy and the diagnosis of necrotizing pancreatitis to which the patient ultimately succumbed.
