At the root of appeals from judgments in commercial cases is the burning question: Does the result make sense from a business perspective? or put in more legally-eloquent language: Does this result meet the test of commercial…more
When advising business clients about doing business in Canada, lawyers must turn their minds not only to the kinds of corporate vehicles which Canadian law permits but also the remedies permitted if disputes arise. In this…more
Small and medium sized businesses are the engines which drive the North American economy. Increasingly, people go in to their own business. Often spouses and other family members are in business together. Because of mutual…more
Commercial Arbitration is a process which depends on the consent of the parties. Only parties to the arbitration agreement can be affected by the arbitrator's award. In this article, the authors review a recent judgment of…more
Persuasive advocacy involves juggling many balls at the same time. Counsel must develop a plausible theory of the case. S/he must consider what evidence is available and how it should be led. Argument about inferences to be…more
Arbitration is a dispute resolution process based on agreement between the parties. The arbitrator’s jurisdiction must be found in the arbitration agreement. Typically, the agreement refers to the laws of a jurisdiction and to…more
An update of news from Ellyn Law LLP, a business litigation and arbitration boutique in Toronto, Canada and a member of the International Network of Boutique Law Firms.
Among the news posts are the addition of a new…more
When advising business clients about doing business in Canada, lawyers must turn their minds not only to the kinds of corporate vehicles which Canadian law permits but also the remedies permitted if disputes arise. In this…more
In the enlightened age of mediation, more than of 90% of all lawsuits eventually settle. Good counsel must now see the pleadings in a different light. The Statement of Claim or Complaint is a very useful marketing tool. If…more
What the Courts decide affect the lives of many citizens. In this interesting article, the authors review the most important decisions decided by Canadian courts between September 2008 and August 2009. The cases shed light on…more
Enforcement of a U.S. or international judgment in Canada requires expert knowledge of Canadian law and procedure.
Courts in Ontario, Canada, which includes the Greater Toronto Area, are receptive to the enforcement of final…more
When shareholders, officers and directors disagree about how a business should be run, its future could be at stake. For many shareholders in medium-sized and small private businesses, the their shares are their and most…more
Assessing the prospects of success on appeal and winning on appeal are among the most difficult aspects of an advocate’s role. Losing party’s counsel is confronted with human and analytical challenges which can be more…more
This article, published in July 2009, discusses key issues affecting disputes among shareholders of private corporations in Ontario, Canada. The authors, Igor Ellyn and Orie Niedzviecki, both of Ellyn Law LLP Business…more
Igor Ellyn, Senior Partner of Ellyn Law LLP Business Litigation and Arbitration Lawyers, Toronto, Canada, reviews the Ontario cases involving arbitration clauses.
In Canadian courts, arbitration agreements are broadly…more
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