Corporate Commercial Litigation

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In today’s exceptionally competitive and complex business landscape, wherein disputes can arise over myriad issues, business leaders and in-house corporate counsel turn to McMillan’s business litigation attorneys to provide astute legal counsel on how to address commercial and business discord.

A highly reputed international business litigation law firm, McMillan’s commercial litigators have a well-earned reputation for consistently assessing risk and opportunities and weighing options with the client. McMillan’s commercial litigation lawyers join forces with our industry specialists in competition, intellectual property, real estate, securities and other areas to deliver a complete solution – no matter the nature of your corporate or commercial dispute.

Canadian and international business leaders recognize our commercial litigation lawyers for their creativity and effectiveness in bringing disputes to a satisfactory conclusion, both inside and outside the courts. We understand that commercial and corporate litigation is not always the preferred option, so we help clients pursue a full range of resolution avenues, including early negotiated settlements and alternative dispute resolution methods. If we proceed to court, our business litigation lawyers are prepared to vigorously advance our clients’ commercial interests in front of the courts.

As a leading Canadian corporate commercial litigation firm, McMillan helps clients maintain their focus on business growth by litigating and resolving contract disputes, partnership disputes, shareholder disputes, banking issues and/or bankruptcy and insolvency issues. We also successfully defend our commercial clients in class action lawsuits to preserve their reputation and brand value.

Primary Contacts

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Brett G. Harrison

Partner, Corporate Commercial Litigation | Restructuring & Insolvency

Toronto

brett.harrison@mcmillan.ca Phone

416.865.7932

Jeffrey Levine

Partner, Corporate Commercial Litigation

Toronto

jeffrey.levine@mcmillan.ca Phone

416.865.7791

Shea Coulson

Partner, Corporate Commercial Litigation

Vancouver

shea.coulson@mcmillan.ca Phone

604.691.7467

W. Brad Hanna, FClArb.

Partner, Corporate Commercial Litigation

Toronto

brad.hanna@mcmillan.ca Phone

416.865.7276

Deals and Cases

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Insights (75 Posts)

Broadening the Environmental Enforcement Toolkit: Ontario Expands Administrative Monetary Penalty Regime for Environmental Violations

Ontario is broadening its existing administrative monetary penalties (AMPs) regime for environmental violations.

Feb 28, 2023

Part 3 of McMillan Series – DeFi Platform Mango Loses $117 Million in Smart Contract Exploit: Avraham Eisenberg Arrested and Sued

In Part 3 of this series, we describe two important developments in the Mango Markets story, demonstrating challenges DAOs have settling with exploiters.

Feb 8, 2023

Ontario Superior Court Clarifies “Unreasonable or Unjustifiable” Delay for Requisitioned Meetings

The Ontario Superior Court ordered First Capital to hold a special meeting of unitholders more than two months earlier than originally scheduled.

Feb 7, 2023

Just the Facts Please! A Discussion of Limitation Periods for Environmental Claims

This Bulletin considers how limitation periods apply to environmental claims in Ontario and how to reduce the risk of missing one.

Feb 2, 2023

Arbitration Clauses Should be Respected, Most of the Time: Supreme Court of Canada Shifts Focus Away From Single Proceeding Model for Insolvencies in Rendering Arbitration Clause Inoperative

The SCC has provided a framework on when arbitration clauses should be rendered inoperative in order to promote efficiency in an insolvency proceeding.

Dec 5, 2022

Part 2 of McMillan Series – DeFi Platform Mango Loses $117 Million in Smart Contract Exploit: Is Mango’s Settlement with the Exploiter Enforceable and What Does it Mean for DAOs?

Complex Disputes and Regulatory Regimes: Cryptocurrency Speciality Niche

Nov 16, 2022

A Second Look at the Ontario Court of Appeal’s Decision Expanding Directors’ Duties

Directive actions would have been preferable to employing an ad hoc fiduciary duty analysis in the Ontario Court of Appeal's decision in Varma

Nov 15, 2022

No Goodwill Absent Use or Registration – Recent Decision Confirms Established Trademark Principles

Case comment on 2788610 Ontario Inc. v. Bhagwani [2022] O.J. No. 778. Interlocutory injunctions in trademark and passing off cases.

Nov 11, 2022

Interpreting a Contractual Dispute Resolution Clause? Step in the Arbitrator’s Direction

This bulletin discusses a recent Ontario Superior Court of Justice decision on dispute resolution clauses in commercial contracts.

Oct 24, 2022

Skating on Thin Ice: Federal Court of Appeal Dismisses Hockey Conspiracy Case, While Adding Uncertainty to Motions to Strike

Federal Court of Appeal confirms an important limitation on the scope of the conspiracy offence, but raises uncertainty about the standard on motions to strike.

Oct 5, 2022

Too Quick to (Summary) Judge: The Shortcomings of Summary Judgment in Patent Actions in Canada

The FCA addresses the shortcomings of summary judgment in patent cases, along with issues relating to "common general knowledge" and experimental testing.

Sep 27, 2022

Single Proceeding Model Trumps Contractual Rights – Arbitration Clause Held “Inoperative” in Insolvency Proceeding

Ontario's highest court has held that an arbitration clause may be unenforceable in an appropriate insolvency proceeding, introducing contractual uncertainty.

Sep 26, 2022

Outlook 2022: Class Actions in Canada

Join members of McMillan’s national Class Action group on Thursday, June 9th for an in-depth discussion on the developments and trends impacting the legal landscape for class actions in Canada.

Details

Thursday, June 9, 2022

What is the Capital Markets Tribunal?

This article provides further information about the new Capital Markets Tribunal.

May 5, 2022

“Project Maple” – Considerations when Buying a Canadian Public Company

Some initial considerations for foreign acquirors of Canadian public companies.

May 4, 2022

No Discovery Before Leave in Secondary Market Securities Actions

The Court in Kwong v. iAnthus denied a plaintiff's request for documentary discovery before he obtained leave to bring a secondary market securities action.

Apr 18, 2022

Ontario’s Court of Appeal Clarifies Class Member’s Appeal Rights Post Settlement Approval

The Ontario Court of Appeal has ruled that it has jurisdiction to hear a class action appeal despite a settlement agreement limiting appeal rights.

Mar 1, 2022

Practical Considerations of Simple Agreements for Future Equity or “SAFEs” in Canada

An overview of how Simple Agreements for Future Equity or “SAFEs” work including pros & cons for Canadian companies considering SAFEs for early stage financing.

Feb 1, 2022

Plan for the Ban: Our New Year’s Update of Single-Use Plastics Bans Across Canada

This bulletin provides an updated summary of the current state of single-use plastics legislation across Canada.

Jan 18, 2022

PropTech: Property Technology, the New Frontier in Real Property, Part 2: Benefits

In this bulletin, we discuss the benefits of using PropTech for businesses in the real estate space and for consumers of such products.

Jan 11, 2022

TSX Venture Exchange Amends Equity Compensation Policies

On November 24, 2021, the TSX Venture Exchange published a bulletin announcing amendments to its policies regarding security based compensation.

Dec 6, 2021

Construction Remedies On Public Projects: Alberta’s Public Works Act and Comparable Legislation in Other Provinces

This bulletin outlines the key requirements for contractors seeking payment under construction contracts with the provincial government in Alberta and elsewhere

Nov 23, 2021

Certification Denied: An Important Win for Competition Class Action Defendants

Certification denied in DRAM class action.

Nov 10, 2021

A Tale of [NORSTEEL in] Two Cities

The recent decision in Norsteel Building Systems Ltd. v. Toti Holdings Inc. highlights the importance of trademark clearance searching for businesses.

Nov 10, 2021

Making a Lot out of a Little – Laneway Housing a Niche Market Opportunity for Municipalities, Property Owners, Real Estate Developers and Investors

An overview of laneway suites / housing as means of adding to housing stock in Toronto and beyond.

Oct 25, 2021

Antitrust Reform: Canada Too!

James Musgrove and Sarah Stirling-Moffet talk Competition law reform in Canada after the Commissioner’s CBA speech - more money, more power!

Oct 21, 2021

Ontario Not-For-Profit Corporations Act To Come In Force. What Do We Do Now?

The Ontario Not-for-Profit Corporations Act, 2010 is set to come into force on October 19, 2021, bringing forward changes for not-for-profit corporations.

Sep 7, 2021

SOFR Fundamentals: What We Know SO-FAR

SOFR is the preferred USD alternative RFR to LIBOR. We discuss what SOFR is, the types of SOFR, conventions for SOFR, and using SOFR in loan agreements.

Jul 21, 2021

Is Private Sector Privacy Legislation Looming in Ontario?

Ontario government seeks input on privacy policy proposals, signaling that Ontario private sector privacy legislation may be on the horizon

Jul 5, 2021

Ontario Repeals Canadian Residency Requirement for Directors

Amendments to the Ontario Business Corporations Act remove Canadian resident director requirement and ease rules for written shareholder resolutions.

Jun 15, 2021

June 2021 Update: British Columbia’s New Registry of Beneficial Ownership

Now that the Land Owner Transparency Registry is searchable by the public, it is important to understand the scope of its use, and its current limitations.

Jun 14, 2021

The Canadian Capital Market is Psyched: An Update on the Growing Wave in the Psychedelics Industry

This bulletin provides an overview of the regulations surrounding psychedelics in Canada and psychedelics companies in the Canadian capital markets.

May 12, 2021

Closing the Gap: New Proactive Pay Equity Rules for Federally Regulated Employers

Guidance on employers' obligations under the new federal Pay Equity Act and its associated regulations, expected to take effect in late 2021.

Apr 27, 2021

Ontario Court of Appeal Interprets the TSX’s Majority Voting Requirement, Considers the Oppression Remedy, and Clarifies Set-off Rights

A recent decision of the Ontario Court of Appeal interprets the Toronto Stock Exchange requirement that listed companies adopt a majority voting policy.

Apr 16, 2021

Canada Updates Official Terrorist Entities List – What It Means for Your Business

The Canadian government has placed the Proud boys on the list of terrorist entities. This announcement has certain key implications for Canadian companies.

Feb 23, 2021

iAnthus Decision Changes the Landscape for Corporate Plans of Arrangement under the BCBCA by Permitting Third-Party Releases

The iAnthus decision affirmed by the Court of Appeal holds that a British Columbia company can use the BCBCA to restructure and obtain 3rd party releases.

Feb 23, 2021

Best practices for commercial landlords facing tenant insolvencies (adapted to the Province of Québec)

Many commercial landlords are increasingly alarmed that COVID-19 may cause a surge in tenant bankruptcies or restructurings.

Feb 16, 2021

Best Practices for Commercial Landlords Facing Tenant Insolvencies

Many commercial landlords are increasingly alarmed that COVID-19 may cause a surge in tenant bankruptcies or restructurings.

Feb 4, 2021

Deferred Prosecution Agreements: The Continued Use of DPAs in the Antitrust Sphere in the United States

In this bulletin, we discuss the deferred prosecution agreement recently entered into by Argos USA LLC with the United States Department of Justice.

Jan 19, 2021

‘But to What Effect?’ The Supreme Court of Canada Clarifies the Anti-deprivation Rule in Chandos

The authors discussion of the Supreme Court of Canada's decision in Chandos Construction affirming the anti-deprivation rule and consider its implications

Nov 16, 2020

SCC Holds Section 12 Charter Protection Against “Cruel or Unusual Treatment or Punishment” Not Applicable to Corporations

Summary of the recent Supreme Court of Canada decision of Quebec (Attorney General) v. 9147-0732 Québec inc. and implications on corporate liability.

Nov 10, 2020

The Intersection between Drop-Shipping and Patent Infringement

The drop-shipping business model is picking up steam in the online world. But is it immune from the reaches of patent law? Find out in this bulletin.

Nov 4, 2020

Beware of a Potential New Duty of Care for Investment Fund Managers – Six Takeaways from Wright v. Horizons

Review of Wright v. Horizons and potential future implications on IFAM industry.

Sep 23, 2020

Alberta Court of Appeal Uses Blue Pencil to Save Non-Compete

Alberta's Court of Appeal has applied the seldom-used "blue pencil" doctrine in order to save a non-competition covenant from being struck down.

Sep 5, 2020

COVID-19 and Commercial Rents: The Court Decides. Amicable Resolutions are Recommended

The Superior Court of Quebec decides a case about the effects of COVID-19 on commercial rents.

Jul 24, 2020

Trademarks: ‘HERBS R US Design’ Found to Depreciate the Goodwill attaching to the ‘TOYS R US Design’

In this case, TOYS R US demonstrated that a third party's use of a similar mark likely had the effect of depreciating its goodwill. Find out more here.

Jul 15, 2020

Canadian White-collar Crime Perspectives: Government Investigations and COVID-19

This piece explores the likely impact of COVID-19 on white-collar crime issues in Canada and how regulators are reacting to the pandemic.

Apr 16, 2020

Caught by Release: Franchisees Can’t Have Their Cake and Eat It Too

New Vision Renaissance MX Ltd. v. The Symposium Café Inc confirms that Ontario Courts will uphold appropriately crafted releases given by franchisees.

Mar 30, 2020

The Tort of Conversion in the Electronic Age: A Case Study

The British Columbia Supreme Court has found that the tort of conversion must include wrongful interference with intangible goods. Read more here.

Mar 12, 2020

The “Fix” Is In: Alberta Employee Awarded 34.5 Months’ Damages for Breach of Contract

A recent decision by Alberta's Court of Queen's Bench is the latest warning to employers about the dangers of
fixed-term employment arrangements.

Feb 21, 2020

The International Lis Pendens Exception in Quebec Private International Law at the Dawn of 2020

Overview of the recent decision of the Supreme Court of Canada in R.S. v. P.R., 2019 SCC 49 regarding the international lis pendens exception in Quebec private international law.

Dec 3, 2019

Amendments to the CCAA, BIA and CBCA Now in Force

Authors discuss changes in 2019 to Canadian corporate and restructuring statutes and their possible implications for insolvency practice in Canada

Nov 19, 2019

Short Selling in Canada: Regulations are Weak and a New Path Forward is Needed to Reduce Systemic Risk

This bulletin summarizes our concerns and conclusions with respect to the Canadian short selling regulatory regime.

Nov 11, 2019

It’s Not What You Asked, It’s How You Asked It: Employer Pays the Price for Asking Human Rights-Based Questions of Job Applicant

A recent decision of Ontario's Human Rights Tribunal may have some employers rethinking how they frame questions to job applicants.

Oct 7, 2019

The Novel Exemptive Relief Chronicles

Ontario Securities Commission exemptive relief decision clarifies ability of investment fund managers to permit rehypothecation of portfolio assets.

Sep 20, 2019

Party Cannot Negotiate Certification Defeat from the Jaws of Contested Victory

The British Columbia Supreme Court (“Court”) recently dismissed a party's second application attempt to certify their class action in Leonard v The Manufacturers Life Insurance (“Leonard”).

Jun 1, 2019

Canadian Transportation Agency rules on Vancouver rail embargoes in first own motion investigation

The Canadian Transportation Agency (Agency) has issued a Determination (see the Agency’s corresponding announcement here) following its investigation into freight rail service in the Vancouver area.

Apr 16, 2019

No “Piggybacking” to Avoid B2B Arbitration: Supreme Court of Canada Affirms Enforceability of Arbitration Clauses despite Related Class Action

In its recent 5-4 decision, the Supreme Court of Canada ruled that courts must enforce valid arbitration agreements between businesses.

Apr 9, 2019