The law develops and changes constantly. Cases are decided by the courts every day. New legislation is passed by governments. Courts change their procedures from time to time. To serve our clients effectively, our lawyers keep abreast of new developments. Sometimes, we have even been asked to instruct other lawyers about developments in the law. Members of our Toronto law firm are asked to speak at legal conferences for lawyers. Igor Ellyn, QC has also spoken to non-lawyers about legal matters and early in his career, he was a weekly legal columnist for a major Toronto newspaper.

Good advocates are knowledgeable about law and court procedure and how to persuade judges, mediators and arbitrators that their client’s case deserves a good result. In this section, readers may benefit from several of the articles written by Igor Ellyn, QC for presentation to legal conferences. We have also included articles by other legal professionals which you may find interesting.

What Persuades by The Hon. Mr. Justice John I. Laskin

Mr. Justice Laskin of the Ontario Court of Appeal, is one of the best-respected judges in Canada. This article, posted with the kind permission of the editor of The Advocates Society Journal, describes how lawyers can make their appellate arguments more persuasive. Credibility, conviction, concreteness, cognitive clarity and concision and appeals to emotion are some of the important factors.

Fraud Claims in Business Transaction Litigation

Fraud in business transactions is on the rise in the province of Ontario, Canada. Litigating business transaction claims involving fraud requires an understanding of complex aspects of legal procedure, contract and tort law. Igor Ellyn, QC, a senior Toronto business litigation and arbitration lawyer, provides useful details on this topic. Read More →

Using Financial Experts in Business Litigation

Business litigation is usually about numbers. The damages, value, financial analysis and appraisal you need to prove your case will often require the opinion of an independent financial expert such as a business valuator, forensic accountant, economist, appraiser or any of a panoply of other financial experts. Read More →

Liability of Directors in Canada – An Excerpt

This article is an excerpt of the Canada Chapter of International Liability of Corporate Directors, 2nd edition, published by Juris Publishing in February 2013. This excerpt excludes numerous aspects of the full chapter, particularly in reference to offering corporations, national corporate reporting, the supervisory role of the securities commissions, insider trading, prospectus violations, director loans and directors’ and officers’ liability insurance and indemnification of officers and directors. Further, some sections have been abridged. The full article should be consulted for the omitted aspects and for a more complete analysis of the applicable law. This article is not legal advice and is intended solely as information. Further information can be obtained from the authors. Read More →

The Role of Arbitration in International Business

International commercial arbitration is the most common method for resolving disputes arising from agreements between businesses in different countries. In this detailed presentation, Igor Ellyn, QC, an experienced arbitration counsel and a chartered arbitrator, describes the systems and procedures applicable to international commercial arbitration and helps business people understand what to expect.

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Effective Advocacy in Commercial Arbitration

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 trust and sharing which exists at the start of these arrangements, spouses tend not to make agrements about what will happen if the marriage breaks down. Read More →

Civil Litigation Procedures in Ontario, Canada

On the occasion of the 2012 Annual Conference of the INBLF (International Network of Boutique Law firms – which takes place in Rancho Palos Verde, October 12-14, 2012, we submit the following summary of civil litigation procedures in Canada, with emphasis on the province of Ontario, where 35% of Canada’s population resides. The law and procedure are similar in all the common provinces and territories of Canada but differs in Quebec which has the Quebec Civil Code. Read More →

Winning Business Appeals and the Concept of Commercial Reasonableness

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 reasonableness? “Commercial Reasonabless” is a concept Canadian courts address frequently to determine if business conduct or a result makes sense. Read More →