Areas of Practice

We provide the following services, Litigation Services, Business Litigation, Shareholder, Corporate and Partnership Disputes, Commercial Lease Disputes, Libel & Slander and Defamation, E-Commerce & Electronic Copying, Construction Law, Employment Law, Insurance Law, Family Law, Estates and Trusts Disputes, International Judgment Enforcement, Arbitration & Mediation Services.

Litigation Services

ELLYN LAW LLP provides comprehensive litigation services. Sound advice, effective strategy and negotiations and experienced advocacy are the hallmarks of our approach to each case. We understand and apply ADR (Alternative Dispute Resolution) methods wherever possible to reduce the time and cost of obtaining the best possible result for our client.

Our clients expect good results and our mission is to deliver. Click here for information about some of our cases and the results we have helped produce.

Canada’s judicial system has many levels. Cases which do not succeed before the first judge usually have a right of appeal on legal and procedural questions, and rarely on factual grounds. Our firm is experienced and knowledgeable in appellate advocacy.

The senior lawyers in our firm have been counsel on appeals in the Ontario Court of Appeal, in the Divisional Court, in the Federal Court of Canada and in the Supreme Court of Canada.

Our lawyers provide independent opinions on trial judgments. We are available undertake all aspects of appeals, including filing the notice of appeal, reviewing trial evidence, seeking leave to appeal or seeking a stay of the order under appeal where required, preparing appeal books, drafting persuasive factums and arguing the appeal.

Business Litigation

Commercial litigation cases are the core of our firm’s practice. Our expertise extends to an in-depth knowledge of the procedure, strategy and process of dealing with complex business disputes --- the result of many years of “hands-on” experience. Our clients, who include, both individuals and corporations, have retained us in wide variety of business litigation matters, frequently on referral from other lawyers, including but not limited to the following (listed alphabetically)

• Aborted Transactions of Business, Shares or Real Estate
• Anton Piller Orders
• Applications to Interpret Agreements
• Arbitration of Commercial Disputes
• Bank, Financing and Receivership Disputes
• Boundary disputes
• Breach of Contract Claims
• Breach of Distribution Agreement
• Breach of Fiduciary Duty Claims
• Breakdown of Professional Practices
• Buy-Sell Agreement Disputes
• Certificates of Pending Litigation
• Commercial Lease Disputes
• Condominium Disputes
• Construction Litigation and Constructions Liens
• Debt Collection
• Enforcement of Ontario Judgments
• Enforcement of Judgment as complainant under OBCA
• Enforcement of Foreign Judgments
• Examinations in aid of Execution
• Fence Disputes
• Franchise Disputes
• Fraud and Misrepresentation Claims
• Guarantees – Claims and Defences
• Inducing Breach of Contract
• Injunctions and Mandatory Orders
• Injurious Falsehood
• Intentional Interference with Economic Relations
• Investment dealer disputes
• Libel, Slander, Defamation arising from a business or profession
• Mareva Injunctions
• Malicious Prosecution
• Non-Competition Agreement Disputes
• Ontario New Home Warranty Plan (TARION) Disputes
• Partnership Disputes, Limited Partnerships Disputes, Joint Venture Disputes
• Passing Off
• Professional Negligence Litigation
• Property Litigation
• Real Estate and Mortgage Disputes
• Recovery of Personal Property
• Repair and Storage Lien Act
• Shareholder Disputes
• Slander of Title disputes
• Special Case for determination of an Issue of Law
• Summary Judgment motions
• Vendor & Purchaser Motion
   

Shareholder, Corporate and Partnership Disputes

Disputes among shareholders and directors of closely-held and medium size corporations are even more common than the corporate disputes that make the front pages of the Financial Post and the Report on Business. Canada is driven by small, closely-held and medium-sized businesses. Frequently, the “partners” have different interests and objectives and these will be in conflict. Canadian and Ontario law offer a broad range of remedies to deal with these matters, including but not limited to “oppression remedy” claims and derivative actions under the Ontario and Canada Business Corporations Acts (“OBCA and CBCA”). The OBCA and CBCA provide remedies for directors, officers and shareholders and comprise issues such as notices of shareholders and directors’ meetings, injunctions, auction of assets, winding up, interim costs, appointment of auditor or inspector. The Court has a broad discretion to grant relief in many forms on a preservation basis, in an interlocutory order or at trial.

Igor Ellyn, QC and Orie Niedzviecki are actively involved in the litigation of numerous such disputes, and have been. Counsel must be knowledgeable in the procedures of the Court, including the Commercial List of the Superior Court of Justice. Cases tend to be paper-intensive. Counsel must be experienced in document and factum preparation, cross-examination, strategic analysis and court room argument, and often, a determination to see the matter through to a successful result.

Our firm has been counsel corporate disputes involving several industries, including automobile dealerships, restaurant and hotel, bakery plant, tavern, manufacturing facilities, construction, joint venture and land development. We have also been involved in complex joint venture disputes and partnership disputes leading to trials, appeals and arbitrations. Igor Ellyn has also written and lectured to other lawyers. For an informational copy of Mr. Ellyn's article, "Shareholders' Remedies in Canada", please click here.

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Commercial Lease Disputes

Our expertise in commercial leases  includes an appreciation of the business of commercial leasing and the litigation and arbitration aspects of it.  We have litigated or negotiated or considered disputes relating many aspects of the commercial lease and the Commercial Tenancies Act, including but not limited to:  

Right of First Refusal

·          Landlord’s Re-entry

·          Relief from Forfeiture

·          Non-Applicability of Residential Tenancies Act

·          Distress of Commercial Goods

·          Overholding and Penalty of Double

·          Landlord’s re-location of tenant to an inferior location

·          Right of Renewal and terms of exercise

·          Mortgagee’s Tenancy from Year to Year on Possession

·          Principles in Goodyear v. Burnamthorpe

·          Negotiation of rent increases and use of arbitration clause

·          Ground leases

·          Tenant’s early abandonment of premises

·          Enforcement of Guarantees and Personal Covenants

·          Assignment of Rights

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Libel & Slander and Defamation

Every person values the reputation he or she has made for him or herself in a business or profession.  Every business values the reputation of its products, services, management team and intellectual property. Nearly 2500 years ago, the Greek philosopher Socrates said “Regard your good name as the richest jewel you can possibly be possessed of”.   Ontario law recognizes that a good reputation is built through years of hard work and can be destroyed by false rumours and innuendoes.

The spread of defamatory words is even easier now that the Internet is commonplace.  In some circumstances, the Court will award damages in very large amounts for defamatory statements.  In specific cases, an injunction might also be ordered to prevent from further defamation.  The lawyers of Ellyn Law LLP understand the law and procedure in defamation and libel and slander cases.  We act as counsel on cases involving defamatory statements against business, professional and personal reputations.   If you or your business, professional association or other group have been defamed or libeled in a newspaper or broadcast or on the Internet you must act quickly as there are very short limitation periods in some cases. Failure to serve written notice of the intention to make a claim within six weeks of publication of the defamatory words may prevent your or business from pursuing its claim.  Notice under the Libel and Slander Act takes time to prepare so an immediate reaction is required.

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E-Commerce & Electronic Copying

The development of cyberspace has created legal problems which did not exist a few years ago.  Our rapidly-changing world requires lawyers to adapt to new legal principles.  Our firm has accepted this challenge in the relation to the internet and electronic copying.   We have represented clients in the following electronic commerce matters and continue to do so:  

• Domain name dispute arbitration under UDRP (Uniform  Dispute Resolution Policy) of ICANN
• Negotiation of settlement of claim under Federal Anti-Cybersquatting Consumer Protection Act
• Defence of claims under private copying (blank audio media levy) provisions of Canada Copyright Act
• Copyright litigation before Federal Court of Canada
• Monitoring of private copying decisions and litigation before Canada Copyright Board

Construction Law

Construction litigation has many aspects, including litigation of construction disputes, claims under the Ontario New Home Warranty Plan (now TARION),  construction lien claims, disputes between owners and subcontractors, arbitration between owners and general contractors, insurance claims.  Our firm has acted on many such claims and has represented numerous owners, developers, contractors and also, purchasers in litigation and arbitration matters.  Over the last 20 years, Igor Ellyn has been counsel on more than 200 cases involving contractors and builders.

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Employment Law

Many business disputes arise in the workplace.   Our lawyers have extensive experience wrongful dismissal cases on behalf of both employers and employees.  Our employer clients include manufacturing and distribution companies, automobile dealerships and other business.  We have litigated, negotiated and mediated settlements for senior executives and other employees of small, medium and large corporations.  We have also acted on complex matters involving non-competition agreements, breach of trade secrets, independent contracts, breach of fiduciary duty involving client lists and related matters.

Igor Ellyn has been a speaker at professional conferences on employment law.  Some of his articles dealing with employment law issues may be found in our Information Centre, where you will also find Barry Fisher's interesting article on wrongful dismissal mediation.  Mr. Ellyn was also counsel on a precedent setting case which was one of cornerstones of the principle of  "Wallace damages". 

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Insurance Law 

Our lawyers have experience in commercial insurance litigation on behalf of insurers and insured.  We have acted as counsel on commercial casualty, professional negligence, construction negligence, fire claims, defamation and officers and directors' claims. 

Family Law & Divorce

Our firm's experience includes representation of husbands, wives, unmarried spouses and same-sex couples. We have had trials and hearings in Courts throughout the province of Ontario. Igor Ellyn, QC also has extensive experience in family law matters spanning more than 30 years. He has been trial and appellate counsel in precedent-setting cases and has appeared in the Court of Appeal and in the Supreme Court of Canada on family law matters. His experience includes constructive trust and matrimonial property issues. He has negotiated many complex settlements involving corporate and personal assets involving millions of dollars. In addition, we have been retained as counsel by other senior lawyers when a party needs to be independently represented. Our firm has acted for clients in matrimonial matters from across Canada, many locations in the United States, Europe and Asia.

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Estates & Trusts Disputes

Igor Ellyn and Orie Niedzviecki act on estate disputes, including contested wills, will interpretation, undue influence, trust claims and other matters in the Estates Court. We have experience in advising on, litigating, negotiating and mediating complex estate disputes. Our experience includes disputes disputes requiring variation of trusts, litigation among siblings, disputes over fictitious wills and mental competency of the testator. We have acted on disputes involving the heirs of the testator.

Mr. Ellyn has acted in a dispute involving a will which limited payment to the residuary beneficiary only if she became a widow. As a result of the court procedure we adopted, our client received all of the multi-million dollar estate and an insurance fund was set up for contingent beneficiaries. Mr. Ellyn has also acted on disputes involving rest home operators, disputing siblings, residuary beneficiaries and charities. He has appeared in the Ontario Court of Appeal and in the Supreme Court of Canada in cases involving succession and family law issues. Our clients in estate cases have come from Canada, USA, Europe and Israel.

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International and U.S. Judgment Enforcement 

   

If you are visiting this site because you have a legal problem with a Canadian connection, we will probably be able to assist you.  

If you have a judgment of an American or other court outside Canada which must be enforced in Ontario or another province of Canada, we have special expertise in this field.   Here are a few examples:

·         We were referred by a lawyer in California to track down property bought in Ontario by the fruits of fraud perpetrated in California. We commenced a lawsuit and registered a certificate of pending litigation. Our procedure enabled the California attorney to seize sell a Toronto house and apply the proceeds to the debt.

·         We represented a Texas securities dealer, on referral from his Texas lawyer, which had a judgment against a Canadian who had invested money in Texas

·         On referral from senior counsel, we represented two American art galleries in a claim to recover the value of two very valuable works removed into Canada.

·         We have experience in procedural and jurisdictional questions concerning the enforcement of judgments.

·         We are currently counsel on international judgment enforcement matters in Canada.

·         We have been listed in the Forwarders List directory.

·         Our expertise in various aspects of the law of Ontario enables us to testify in US courts on the status of Canadian law as an expert witness.

·         Our article on Toward a Global Village Approach in the Enforcement of Judgments in Canada was published in the National Reporter, a major U.S. legal journal in 1994. Our article updating the law in light of current jurisprudence was presented to a legal conference in June 2004.   Senior Partner Igor Ellyn, QC and Associate Evelyn Perez-Youssoufian are the authors of the Canada chapter of the international publication Enforcement of Money Judgments, to be published by Juris Publising in Summer 2009.   Our firm provides international expertise in the enforcement of foreign judgments.  An excerpt of this chapter will appear on this website after publication.

·         We also have expertise in the enforcement of arbitration awards, including international commercial arbitration awards under the New York convention.

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Alternative Dispute Resolution Services

We provide ADR services both as counsel and neutral.

In addition to our work as litigation counsel, we provide a broad spectrum of ADR services. ADR, which stands for Alternative Dispute Resolution, is the process by which disputes are resolved without the necessity of trial in court. ADR can take several forms, some of which may precede others:

Mediation - a non-binding, confidential negotiation process in which a neutral third party - the mediator - assists the parties and their counsel to arrive at a complete settlement or at least, to narrow the issues in dispute so that the trial or arbitration will be shorter and less expensive. Mediation has become very popular and is mandatory in many court cases and produces a high ratio of settlements. We act as counsel on mediations in all of our fields of expertise.

Arbitration - a binding process which takes the place of a trial in court and leads to a final decision which resolves the dispute. The decision-maker - the arbitrator - is an experienced lawyer or a retired judge, who has been selected by the parties and conducts the hearing according to agreed upon rules of procedure. Arbitration is usually faster than a lawsuit and could be less expensive because the parties have better control of the process. We act as counsel in arbitrations in all our fields of expertise.

International Commercial Arbitration - is arbitration involving business people who are resident in different countries. Mr. Ellyn has expertise in international commercial arbitration under the UNCITRAL Model Law and Arbitration Rules and has also worked with the Arbitration and ADR Rules of the International Court of Arbitration of the ICC and the Arbitration Rules of London Court of International Arbitration in addition to ADR Chambers International. In addition to English and French, Mr. Ellyn also speaks Romanian, Hebrew and some German and has some comprehension of Italian and Spanish. He is also available for consultation about arbitration clauses and legal issues related to international commercial arbitration and for proceedings involving the enforcement of arbitration awards under the New York Convention.
Early Neutral Case Evaluation - is a non-binding assessment of a case by a neutral third party. The parties wish to resolve their dispute as early as possible. An early evaluation of the anticipated evidence and principles of law by a neutral expert will assist the parties and their counsel in assessing the strengths and weaknesses of their positions and may lead to settlement. Where settlement is not possible, early case evaluation may lead to a reduction of the issues which must be tried or arbitrated. Mr. Ellyn is available for neutral evaluation in all his fields of expertise.
Award Enforcement and Consulting - International Commercial Arbitration has become a complex field. Important issues arise in respect of jurisdiction of the arbitral tribunal, conflict of interest and drafting of effective arbitration clauses. In addition, the enforcement of international commercial arbitral awards is protected by a number of international conventions, particularly, the 1958 New York Convention. Mr. Ellyn is available to provide litigation and consulting services on these matters.

Igor Ellyn, Q.C., FCIArb. is available to act as mediator and conducts commercial dispute mediations in English, French or bilingually. Mr. Ellyn is also a Chartered Arbitrator and a Fellow of the Chartered Institute of Arbitrators, an internationally-respected arbitration organization, based in London, U.K. He is a member of the arbitration panels of ADR Chambers International and Rioarbitration Arbitrations can be conducted in English, French or bilingually.  For Igor Ellyn's ADR curriculum vitae Click Here. Cliquez ici pour le curriculum vitae de Me Igor Ellyn en français. Please contact Mr. Ellyn at iellyn@ellynlaw.com or at 416-365-3750.