What is a breach of contract?

A contract is a legally binding agreement between two or more parties. A breach of contract occurs when one party fails to fulfill their obligations under the terms of the agreement. This can give rise to legal action, especially when the breach results in financial loss or disrupts a business relationship.

If you are the injured party, you may be entitled to monetary damages or equitable remedies such as specific performance or an injunction, depending on the nature of the contract and the context of your industry. If you’ve been accused of breaching a contract, legal defences such as misrepresentation, frustration of contract or lack of enforceability may apply.

At our firm, our lawyers can:

• Review your existing contracts for legal risks;
• Advise you on breach of contract claims and defences; and
• Represent you in both prosecuting and defending contract disputes.

We have acted in contract-related disputes across a variety of industries, including:

• Employment contract disputes;
• Lottery pool and winnings disputes;
• Insurance coverage disputes;
• Shareholder and corporate governance disputes;
• Partnership and joint venture disputes;
• Commercial lease disputes; and,
• Purchase and sale agreement disputes.

Contact Pinto Shekib LLP at info@pintoshekib.ca or 416.901.9984 to schedule a confidential consultation.

Corporate disputes can severely disrupt business operations and damage your company’s reputation in the long term. Early guidance from experienced legal counsel can help protect your interests and reduce risk as litigation unfolds.

Our lawyers represent both public and private corporations in a wide range of commercial and corporate litigation matters, including high-stakes disputes involving breach of contract, shareholder conflicts and oppression remedy applications under the Business Corporations Act.

We regularly act for businesses, directors and shareholders in complex matters such as:

• Breach of fiduciary duty claims;
• Asset sale and buy-out disputes;
• Shareholder and partnership disputes;
• Oppression remedy applications;
• Directors’ and officers’ liability claims; and,
• Fraud and misrepresentation claims.

Whether you are initiating or defending a claim, our experienced corporate litigators can provide strategic advice tailored to your business goals. 

Contact Pinto Shekib LLP at info@pintoshekib.ca or 416.901.9984 to schedule a confidential consultation.

When real estate transactions break down, the financial and legal consequences can be significant. Ontario law imposes strict timelines for seeking remedies in these cases — making timely legal advice critical to protecting your rights.

Our experienced real estate litigation lawyers represent buyers, sellers, landlords, tenants and co-owners in a wide range of disputes involving commercial and residential properties.

i. Commercial Purchase and Sale Disputes

What happens when a real estate deal falls through?

If one party fails to close a transaction, the non-defaulting party may be entitled to damages — or in certain cases, equitable remedies like specific performance. In simple terms:

• When the buyer is at fault, they may forfeit their deposit and be liable for the seller’s losses, including price differences, carrying costs and legal fees.
• When the seller is at fault, the buyer may sue for damages and may also seek an order compelling the seller to close the transaction.

Our lawyers can help assess your legal position and take swift action to protect your interests.

ii. Commercial Landlord and Tenant Disputes

Commercial tenancy disputes in Ontario are governed by the Commercial Tenancies Act and can carry substantial consequences for both parties. For example, a tenant in default may be locked out of the leased premises and forced to halt operations, while a landlord may suffer revenue loss due to a tenant’s non-payment or breach.

We regularly represent both landlords and tenants in matters such as:

• Lease interpretation and default disputes;
• Injunctions and other equitable remedies;
• Lease termination and relief from forfeiture;
• Eviction and re-entry proceedings;
• Distress and sale of tenant goods;
• Lease renewal and extension disputes;
• Rights of first refusal and option clause disputes.

iii. Certificate of Pending Litigation

What is a Certificate of Pending Litigation?

A Certificate of Pending Litigation (“CPL”) is a legal notice registered on title to real property. It alerts the public — and any potential buyers, lenders or investors — that there is an ongoing legal dispute involving an interest in the property.

A CPL is a powerful interim remedy because it can effectively prevent the sale, transfer or mortgage of the property while the litigation is ongoing. However, CPLs are not granted automatically in Ontario. To obtain a CPL, the court must first be satisfied that:

• The plaintiff has a reasonable claim to an interest in the land; and
• Granting the CPL is appropriate in the circumstances, considering factors such as:
  • The uniqueness of the property;
  • Whether monetary damages would be sufficient; and,
  • The balance of convenience between the parties.

Whether you are seeking to register a CPL or challenge one already registered on title, our real estate litigation lawyers can help protect your rights.

iv. Partition and Sale Applications

Do you own property with another person but can’t agree on what to do with it?

One party can ask the court to partition (divide) or sell the property under Ontario’s Partition Act. This legal remedy is commonly used when negotiations fail and one party wants to exit the ownership arrangement.

Although co-owners have a prima facie right to seek partition or sale, the court has discretion to refuse the request in certain circumstances. For example:

• If the application is brought maliciously, oppressively or with vexatious intent, it may be dismissed.
• If the property is owned by corporations or is occupied by tenants, a partition and sale order may not be appropriate.

Whether you’re seeking to force the sale of co-owned property or defending against a partition application, our experienced litigation lawyers can help you navigate your rights and obligations under the law.

Contact Pinto Shekib LLP at info@pintoshekib.ca or 416.901.9984 to schedule a confidential consultation.

Tort litigation involves claims for harm caused to a person or property. The goal of tort law is to restore the injured party to the position they would have been in had the wrongdoing not occurred. These cases can be complex and often require expert evidence to assess both the standard of care and the extent of damages.

Our lawyers have extensive experience litigating tort claims. Our Partner, Sancia Pinto, brings additional insight from her service as a Mediator and Adjudicator with the Licence Appeal Tribunal (LAT), where she has presided over thousands of mediations and hearings involving serious injury and complex tort disputes between insurers and accident victims.

We represent clients in a broad range of tort matters, including:

• Negligence;
• Misrepresentation;
• Examinations Under Oath (EUOs);
• Insurance Defence;
• Nuisance;
• Professional liability;
• Trespass;
• Conspiracy;
• Unlawful interference with economic relations; and,
• Business torts.

Contact Pinto Shekib LLP at info@pintoshekib.ca or 416.901.9984 to schedule a confidential consultation.

An injunction is an equitable remedy used to compel a party to do something (mandatory) or to refrain from doing something (prohibitory). For example, a court may order a party to remove a fence or prohibit them from taking it down. Because injunctions are time-sensitive, they are often sought at the early stages of litigation.

The most common types of injunctions include:

• Interlocutory injunctions – Sought after a legal action has been started but before trial. If granted, the injunction usually remains in effect until the case is decided.
• Interim injunctions – Emergency orders, often obtained without notice to the opposing party. These are short-term measures, typically lasting 7 to 14 days.
• Permanent injunctions – Granted after a full hearing or trial, these orders are final and typically remain in force indefinitely.

Whether you are seeking or defending against an injunction, our lawyers have the experience to guide you through this fast-moving and complex area of law.

Contact Pinto Shekib LLP at info@pintoshekib.ca or 416.901.9984 to schedule a confidential consultation.

Lottery disputes are highly fact specific and time sensitive. Over the years, we have seen the OLG refuse to pay out winning tickets because of questions concerning ownership or theft of lottery tickets. For example, if you bought your lottery ticket with a group of other people, and a dispute arises as to ownership of the lottery ticket, the OLG may refuse to pay out the money until the dispute is resolved.  

If you find yourself in a lottery dispute, our lawyers are here to protect your interests. We can negotiate with the OLG on your behalf or start a lawsuit if necessary. 

Contact Pinto Shekib LLP at info@pintoshekib.ca or 416.901.9984 to schedule a confidential consultation.

We understand how insurance companies think because we’ve acted for some of Canada’s largest insurers. Our experience includes complex matters such as business interruption claims and Directors’ and Officers’ liability.

Today, we use that insight to advocate for you, the insured. Our insurance litigation practice is focused on helping individuals and policyholders navigate and resolve disputes. We offer legal representation in insurance matters, including:

• Directors’ and Officers’ liability;
• Long-term disability disputes; and,
• Examinations Under Oath (EUOs).

Contact Pinto Shekib LLP at info@pintoshekib.ca or 416.901.9984 to schedule a confidential consultation.