Toronto Corporate Litigation Lawyers
Corporate Dispute Lawyers in Ontario
Corporate Claims Lawyers

Gilbertson Davis LLP has lawyers have acted in Ontario and other jurisdictions for small and mid-sized Ontario corporations, shareholders, directors, officers, and executives. We also can act for US clients and with their US Counsel / Attorneys in Ontario litigation and in international arbitration.

Corporate Disputes

Disputes within a corporation disrupt the business and, if not dealt with quickly and discreetly, may have a long term effect on their reputation in the business community, on the confidence of their trading partners and perhaps even the viability of the corporation itself.

Choose Gilbertson Davis LLP

Our senior commercial litigators have in-depth experience in a wide variety of businesses and industries which allows us to have a quick understanding of your business and the dispute at hand. We can provide early and results-oriented strategic advice and representation.

Gilbertson Davis LLP has lawyers who have knowledge and experience in the management of corporate disputes including the urgent equitable remedies available through the courts. These have experience in the court procedures and process, including that of the Commercial List, a part of the Ontario Superior Court of Justice which is dedicated to the resolution of eligible Toronto-based corporate and commercial litigation.

Corporate Litigation – Examples

Corporate disputes can arise in a wide variety of circumstances, including:

• • Abuse of Trust
  • Breach of Fiduciary Duties
  • Breach of Shareholders’ Agreement
  • Breach of Director’s Duties
  • Business Owners Dispute
  • Business Ownership Dispute
  • Buy-Out Rights and Obligations
  • Claims by Investors
  • Claims by Shareholders
  • Closely Held Company Disputes
  • Corporate Disputes
  • Corporate Mismanagement
  • Corporate Governance Issues
  • Disputes Arising from Shareholders’ Agreement
  • Disputes about Share Valuation

• • Disputes of Dissolution of Company, Partnership or Joint Venture
  • Director’s Liability and Officer’s Liability
  • Enforcement of Shareholders’ Agreement
  • Employment Dispute (Officers and Executives)
  • Family Business Disputes
  • Fiduciary Duties
  • Financial Statement Irregularities and Disputes
  • Investor Claims
  • Minority Shareholder Oppression
  • Misappropriation of Funds, Opportunities or Trade Secrets
  • Owners Disputes

• • Ownership of Business Dispute
  • Personal Liability of Directors and Officers
  • Preservation of Shareholder’s Rights
  • Securities Litigation
  • Sale of Business Disputes
  • Shareholders’ Agreement Disputes
  • Shareholder Claims
  • Shareholder Disputes
  • Share Sale Disputes
  • Shotgun Clause (of a Shareholders’ Agreement)
  • Start-up Company Disputes
  • Tech Company Disputes
  • Unfair Treatment of Partners and Shareholders
  • Winding-Up Company

Urgent Remedies and Resolution of Corporate Disputes

Our corporate disputes lawyers’ arsenal includes skill at negotiation, litigation, including work on the Commercial List in Toronto, and alternative dispute resolution. When someone is being treated unfairly or the reputation and viability of a corporation is being threatened by the conduct of others, knowledge of and experience in obtaining urgent equitable remedies is necessary for the fair and prompt resolution of business disputes.

Here is a sample of urgent remedies available for the resolution of corporate disputes:

• • Audit of Accounting
  • Commercial List Eligibility
  • Enforcement of Buy Sell Agreement
  • Enforcement of Shot Gun Agreements
  • Derivative Actions
  • Freezing Order
  • Legal Proceedings for Remedies for Oppression under OBCA

• • Interim and Interlocutory Injunctions
  • Injunctions, Orders and Declarations
  • Mandatory Order Preserving Status Quo Pending Resolution
  • Mareva Injunction

• • Oppression Remedies
  • Preserving Shareholder’s Rights
  • Reference to Arbitration
  • Rescission (Rescinding Agreements)
  • Specific Performance
  • Valuation

Start-up Company, Closely Held Company and Family Company Disputes

Often a start-up company, a closely-held company or a family business is started informally and without written agreement(s) between the stakeholders in the business. Such agreements typically address the rights and obligations between the parties and how disputes are to be resolved while the business is ongoing, or during changes within or in relation to the business association. Whether or not such agreements exist, we can advise on the rights and obligations between the shareholders and company, including the law governing those relationships derived from statute, common law and equity, if any. Early advice is often advantageous.

International Experience | Local Counsel

Gilbertson Davis LLP has lawyers with strength and experience in advising foreign clients involved in litigation or arbitration in Ontario and across its borders

Some of our lawyers have been admitted and practised law in foreign jurisdictions (including England, Bermuda and New York), have both foreign and local legal education, including in the U.S. and U.K. and a number of our lawyers and law clerks speak languages including French, Japanese, Portuguese, Italian, Russian and Cantonese.

We are often consulted by those located in the United States, and in the past have been consulted by or retained in litigation by those (or matters located) in Alaska, California, Washington, Nebraska, Illinois, Missouri, Ohio, New York, New Jersey, Rhode Island, Massachusetts, North Carolina, Tennessee, Georgia, Louisiana, Florida and Texas. Internationally, we have also been involved in litigation or arbitration with clients (or matters) located in the Netherlands, Norway, Sweden, England, Denmark, Italy, Switzerland, Germany, Greece, Cyprus, Malta, Monaco, Guyana, Liberia, South Africa, Angola, The Bahamas, Bermuda, British Virgin Islands, Dominican Republic, Dubai, United Arab Emirates, Iran, Kuwait, India, Bangladesh, South Korea, Hong Kong, PRC and Australia.

Courtroom and Arbitration Experience 

Gilbertson Davis LLP has lawyers with significant courtroom experience, in important motions, trials and appeals at all levels of the courts in Ontario and Canada (including the Ontario Court of Appeal, the Federal Court, the Federal Court of Appeal and the Supreme Court of Canada). Some of our lawyers have conducted arbitration of corporate disputes, both locally and in international arbitration.

We offer ethical, cost-efficient and results-oriented legal services through careful management of your corporate dispute.

Please contact Gilbertson Davis LLP to arrange an initial consultation.