- Allegations are Subject to Higher Scrutiny When Made Against Personal Defendants - Featured Case Study: Matlock v. Ottawa-Carleton Standard Condominium Corporation - Martin Smith, February 09, 2021
- So you want to amend a pleading? Not so fast! Featured - Case Study: McConnell v. Fraser - Eric W.D. Boate, November 06, 2020
- Victoria Mendes et al. v. Blaisdale Montessori School - Martin Smith, December 17, 2018
- Water Damage Raubvogel et al v. The City of Vaughan et al - Adam Grant, December 30, 2016
- Featured Case: Summary Judgment in Third Party Claims Alive & Viable on Claims for Contribution & Indemnity , MB Newsletter, August 18, 2016
- Featured Case: Zuk v Atkinson Answer Undertakings in a Timely Fashion or Your Case May Be Dismissed!! , June 30, 2016
- North Toronto Chinese Alliance Church v. Gartner Lee Ltd. , Court File No. 59814/01, September 08, 2011
COMMERCIAL & BUSINESS LITIGATION
- Accident Benefits
- Animal Law
- Appeals
- Automobile Fraud
- Bankruptcy and Insolvency Litigation
- Cannabis Law
- Civil Fraud Recovery
- Class Actions
- Commercial & Business Litigation
- Construction and Infrastructure
- Criminal, Regulatory & Administrative Law
- Cyber Risk
- Debt Collection and Recovery
- Defamation & Reputation Management
- Directors & Officers Liability
- Employment Law
- Energy Law
- Environmental Liability
- Estate & Trust
- Family Law
- General Casualty & Special Risks
- Health, Life & Disability Insurance
- Human Rights, Harassment & Abuse
- Insurance Coverage
- Intellectual Property Litigation
- Landlord and Tenant
- Malpractice & Healthcare Litigation
- Marine Law
- Mediation, Arbitration & ADR
- Municipal Liability
- Not For Profit and Charity
- Personal Injury
- Police Services
- Privacy Law & Investigations
- Product Liability
- Professional Liability
- Property Insurance
- Risk Management Services
- Sports, Recreation & Resort Liability
- Subrogation
- Transportation Law
Practice Areas
Commercial and Business Litigation is a broad and complex field that requires a law firm with a thorough understanding of the law, experience before all levels of court, and practical business sense.
Commercial and business clients demand a law firm capable of intelligent and creative problem-solving and, where necessary, vigorous representation before the courts.
Our Commercial and Business Litigation Group has a diverse business law practice. Banks, trust companies, and other financial institutions, large and small corporations, and individual entrepreneurs routinely retain us on all types of commercial and corporate disputes. We have the professionals and technology to handle complex, multi-party litigation in a timely and efficient manner. We work with our clients to analyze the issues at an early stage, develop a strategy, and manage the risks of litigation with ongoing evaluations, careful planning, and creative problem-solving to bring the matter to an early, cost-efficient conclusion.
We have experience in virtually all types of business litigation matters, including:
- Breach of Contract
- Banking
- Breach of Confidentiality
- Guarantees
- Bankruptcy and Insolvency Litigation
- Directors' and Officers' Liability
- Debtor / Creditor Relations
- Collections
- Employment
- Human Rights Matters
- Lender Liability
- Libel and Slander
- Trade Libel
- Real Estate Disputes
- Commercial Fraud
- Franchising Litigation
- Securities and Shareholder Remedies
- Professional Fiduciary Liability
- Professional Liability
- Class Actions
We embrace alternative dispute resolution, including mediation and arbitration. Our clients look to us for our practical and timely advice. We understand the business context in which disputes arise, and keep that at the forefront in crafting practical and effective solutions.
- Nuances Between Judge-Alone and Jury Trials by Van Krkachovski, First presented at a client seminar, August 31, 2022
- Unparalleled Production and Lessons for U.S. Litigants Seeking to Compel Discovery of Third-Parties in Ontario - Case Study: Activa TV Inc. v Matvil Corp by Howard Borlack and Conner Sipa, April 01, 2022
- Striking a Jury Notice – Not so fast! by Eric W.D. Boate, February 11, 2022
- Improperly sued? Can you recover costs if the action is dismissed? Rule 23.05 by Alan S. Drimer, February 03, 2022
- Arbitrations and Receiverships: Do they need to be legally distant? - Case Study: Petrowest Corporation v. Peace River Hydro Partner by Howard Borlack, June 17, 2021
- The perils of failing to close a purchase and sale agreement - Case Study: Joo v. Tran by Howard Borlack, June 16, 2021
- The Current State of the Law on Adverse Costs Insurance by Van Krkachovski, This was first presented at CDL's 2021 Insurance Coverage Symposium, May 07, 2021
- Allegations are Subject to Higher Scrutiny When Made Against Personal Defendants - Featured Case Study: Matlock v. Ottawa-Carleton Standard Condominium Corporation by Martin Smith, February 09, 2021
- Claim for Loss of Opportunity Damages - Case Study: Akelius Canada Inc. v. 2436196 Ontario Inc by Howard Borlack and Adam Ostermeier, January 18, 2021
- Disengaging Assets subject to a CCAA Proceeding - Case Study: Teliphone Corp. v. Ernst & Young Inc. by Howard Borlack and Adam Ostermeier, January 18, 2021
- Silence is not golden when it comes to contracts - Case Study: C.M. Callow Inc. v. Zollinger by Howard Borlack and Adam Ostermeier, January 08, 2021
- Big Changes to Small Claims: How COVID-19 has affected the Small Claims Court by Howard Borlack, January 05, 2021
- Summary of changes to Reg. 194 under the Courts of Justice Act: Rules of Civil Procedure by Eric W.D. Boate, December 16, 2020
- Expert Evidence May Not Trump in Summary Judgment: Cases Case Study: Haley v Stepan by Michael Kennedy, December 16, 2020
- Legal Liabilities and the Transmission of COVID-19: What you need to know about Bill 218 by Jessica Grant, December 02, 2020
- So you want to amend a pleading? Not so fast! Featured - Case Study: McConnell v. Fraser by Eric W.D. Boate, November 06, 2020
- Jury Questions: When to Ask for Reasons - Case Study: Cheung v. Samra 2020 ONSC 4904 by Michael Kennedy, September 28, 2020
- The Court exercises its "Fact Finding Powers" - Case Study: Carmichael v. GSK Inc. by Howard Borlack, September 26, 2020
- Ontario Courts updating online infrastructures to accommodate COVID-19 needs for safety by Howard Borlack, August 11, 2020
- Updates around Civil Matters in the Superior Court of Justice in the Central East Region by Howard Borlack and Paul A. Jacoby, August 10, 2020
- Corrosion exclusion denied due to ambiguity: This author disagrees with the determination in case: MDS Inc. v Factory Mutual Insurance by Hillel David, June 24, 2020
- A Plea for Simple Pleadings , McCague Borlack LLP, May 31, 2020
- Factors to consider during the tendering process - Case Study: Aquatech Canadian Water Services v Alberta (Minister of Environment and Parks) by Howard Borlack, May 23, 2020
- COVID-19: Business interruption – Tangible property and loss of use in the Ontario Courts by Peter F. Yaniszewski, April 29, 2020
- COVID-19: Taking stock of urgent motions by Ashley Faust, April 15, 2020
- COVID-19: Business interruption – Are you covered? by Peter F. Yaniszewski, April 14, 2020
- Legislative Progress Towards Legalization: An Overview of the Recently Published Cannabis Regulations by Howard Borlack, September 19, 2018
- To Warn or Not To Warn: An Explanation of the Duty to Warn and the Reasonable Foreseeability Analysis: Case Comment: Maxrelco (Immeubles) v Lumipro Inc. by Howard Borlack, June 29, 2018
- Common Interest Privilege: A New Tool in the Litigation Basket by Howard Borlack, May 25, 2018
- Discoverability Dilemma: Limitation Periods for Contribution and Indemnity Claims by Adam Grant, May 09, 2018
- Freedom of Expression in the 'Trump Era' Is a "Trump is right. F**k China. F**k Mexico" Sign Protected Speech? , March 27, 2018
- Case Management: Be Zealous But Be Reasonable , March 23, 2018
- The Fast & the Furious: Hard Drugs, Fast Cars & Untimely Death Case Study: Isaac Estate v Matuszynska , March 02, 2018
- Fifty Shades of Grey: Contractual Interpretation in the World of Email Negotiation and Sex Toys , February 23, 2018
- Insurer's Duty of Good Faith will not be expanded by Supreme Court Case Comment: Usanovic v. Penncorp , First Published to MB's Client List, January 09, 2018
- The Supreme Court of Canada keeps the onus on banks over innocent drawers for fraudulent bills of exchange , November 02, 2017
- Your Reservation has changed... Airbnb Regulation in Toronto and Insurance Coverage Issues by Matthew Dugas, July 15, 2017
- Insurers Beware: Recent Developments in the Duty to Defend and Indemnify by Alan S. Drimer, First presented at an MB Client Seminar, July 10, 2017
- Buyers and Agents Beware: BC Court Rules That Representative Is Responsible for Tax Owed by Buyer , April 03, 2017
- Stipulated Remedy Clauses by Hillel David, February 24, 2017
- Injunctions To Restrain Breach Of Contract by Hillel David, February 24, 2017
- Injunctions to Restrain Breach of Contract - Stipulated Remedy Clauses - Old Habits Die Hard by Hillel David, First published in the Advocates’ Quarterly volume 45, Number 4, February 07, 2017
- The Corporate Veil won't cover Personal Misrepresentations , January 20, 2017
- Featured Case Study: Water Damage Raubvogel et al v. The City of Vaughan et al , January 18, 2017
- Legalizing Marijuana: Product Liability for Producers, Distributors, and Dispensers , First published in the Product Liability Client Newsletter., December 14, 2016
- Mould Growth Personal Injury Claims Spreading by Matthew Dugas, First published in the Client Newsletter., December 13, 2016
- Back to Basics on Betterment: A Primer on Recent Judicial Decisions Pertaining to the Issue of Betterment , First sent by MB Client Newsletter, December 07, 2016
- Lights, camera, financial transaction: Auditor liability after the Livent decision , MB Client Newsletter, June 10, 2016
- Third-Party Litigation Funding in Canada by Howard Borlack, First published in Corporate Disputes April-June Edition 2015, February 02, 2016
- Judiciary to the Bar: Make Contemporaneous Notes and Take Written Instructions , January 28, 2016
- Altering the Litigation Landscape: Mary Carter Agreements and Stamatopoulos et al v. Harris et al, 2014 ONSC 6313 by Van Krkachovski, MB Firm Newsletter, March 02, 2015
- Ontario Court of Appeal releases decision in expert evidence case , MB Newsletter, January 29, 2015
- Carriage and Control of the Action and Independent Settlement of the Subrogated Claim by Hillel David, Reproduced by permission of Canada Law Book, a division of Thomson Reuters Canada Limited., July 29, 2014
- Clearing the Path – The Availability of Summary Judgment , First Presented at an MB Client Seminar, June 12, 2014
- Protection for Settlement Negotiations , First presented at an MB Client Seminar, March 04, 2014
- Carriage and Control of Litigation in Subrogated Actions , Presented at the Canadian Bar Association's annual conference in Vancouver BC , August 14, 2012
- The Interpretation of Contracts: When Courts refuse to use Extrinsic Evidence , Ontario Bar Association - Civil Litigation Section, January 01, 2012
- Enforcing Letters Rogatory: A warning to connected businesses operating in multiple jurisdictions , OBA Journal - Volume 19, No. 1 - Young Lawyers' Division, October 31, 2011
- Clarifying pollution exclusions in commercial insurance policies , The Lawyers Weekly, August 18, 2011
- Suspending the Ability to Litigate , Ontario Bar Association Young Lawyers Newsletter April 2011, April 14, 2011
- The Duty to Defend, Revisited , MB Insurance Coverage Newsletter, May 31, 2010
- E-Discovery: Overview and Latest Developments in Ontario and Canada by Howard Borlack, Harmonie & CLC Seminar, August 31, 2007
TORONTO 416.860.0001 OTTAWA 613.569.2855 KITCHENER 519.340.0500 BARRIE 705.481.0240 LONDON 226.781.2127
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