We are first and foremost experienced civil litigators. Over the years, we have represented a diverse roster of clients, ranging from multinational corporations to professionals, entrepreneurs and small businesses. Some of the problems that we can assist with include:
What is a breach of contract?
In broad terms, a contract is a legally enforceable agreement between two or more parties. A breach of contract occurs when a party to the contract fails to meet their duties under the agreement. If you are the injured party, depending on the nature of the contract and the industry that you are in, you may have a claim for damages and/or a right to equitable remedies such as specific performance or an injunction. If you are alleged to have breached a contract, you may have defences available to you such as misrepresentation or frustration of contract.
Our litigators can review your existing contracts to advise on potential pitfalls. Similarly, we can help you prosecute or defend breach of contract claims, including in the following areas:
- Employment disputes;
- Lottery winning disputes;
- Insurance disputes;
- Shareholder disputes;
- Partnership disputes;
- Commercial leasing disputes; and,
- Purchase and sale disputes.
Contact Pinto Shekib LLP to schedule a free consultation.
Corporate disputes can disrupt your business and may have long-term negative consequences for your business’ reputation. Guidance from experienced counsel at the early stages of litigation is therefore important. At Pinto Shekib LLP, our lawyers have represented both public and private corporations in a range of corporate disputes such as breach of contract claims, shareholder disputes and oppression remedy applications. Our lawyers can assist you with a range of commercial litigation matters, including:
- Breach of fiduciary duty claims;
- Asset sale & buy-out disputes;
- Partnership & shareholder disputes;
- Oppression remedy applications;
- Directors’ and Officers’ liability claims; and,
- Fraud & misrepresentation claims.
Contact Pinto Shekib LLP to schedule a free consultation.
What are your rights when a real estate purchase and sale transaction fails? Broadly speaking, the non-defaulting party may be entitled to damages and, in some rare cases, equitable remedies.
When the buyer is the defaulting party, the buyer’s deposit may be forfeited. The buyer may also be responsible for the seller’s losses in having to re-sell the property, including the loss in the sale price, carrying costs, closing costs and legal fees.
When the seller is the defaulting party, the buyer may sue the seller for damages. The buyer may also have equitable remedies available such as specific performance, where the Court will compel the seller to complete the transaction.
However, the law imposes tight timelines to seek certain types of urgent relief in real estate disputes. Guidance from competent counsel, therefore, is essential in order to protect your interests.
At Pinto Shekib LLP, our lawyers can assist you with a wide range of real estate disputes. Contact Pinto Shekib LLP to schedule a free consultation.
In Ontario, the Commercial Tenancies Act outlines the rights and responsibilities of the landlord and tenant. When commercial tenancy disputes arise, there are often material financial consequences for the defaulting party. For example, a tenant who is in default under a lease may be “locked out” of the leased premises and forced to shut down their business.
When these types of disputes arise, our lawyers can assist you in protecting your rights. Over the years, we have represented landlords and tenants in a range of commercial real estate disputes, including:
- Lease interpretation and lease default claims;
- Injunctions and other equitable remedies;
- Lease termination and relief from forfeiture claims;
- Eviction and re-entry disputes;
- Distress and sale of goods claims;
- Lease renewal and lease extension disputes; and,
- Rights of first refusal and options clauses.
Contact Pinto Shekib LLP to schedule a free consultation.
What is a Certificate of Pending Litigation (“CPL”)?
A CPL is registered on title, which puts the public on notice that there is a disputed interest over the property. A CPL is a powerful interim remedy, as it effectively prevents the property from being sold or mortgaged pending the resolution of the dispute.
Ontario courts, however, do not routinely grant requests for a CPL. The Court must first determine whether the Plaintiff has a reasonable claim to an interest in land. If that hurdle is met, the Court will consider a range of factors when deciding to grant a CPL, including whether the land is unique and whether damages are an adequate remedy.
If you are bringing or responding to a CPL claim, our lawyers are here to protect your interests. Contact Pinto Shekib LLP to schedule a free consultation.
Do you own real estate with another person? What options do you have when you and your co-owner cannot agree on what to do with the land?
Under Ontario’s Partition Act, an owner of land can ask the Court to partition (i.e. divide) or to sell the land. While a co-owner has a prima facie right to a partition or sale remedy, the Court has broad discretion to refuse such a request. Where the moving party, for example, acts maliciously, oppressively or with vexatious intention towards the responding party in bringing an application for partition and sale, the Court may dismiss the application. Similarly, when the land is owned by two corporations or rented to tenants, an application for partition and sale may not succeed.
If you are dealing with a partition and sale application, we are here to protect your interests. Contact Pinto Shekib LLP to schedule a free consultation.
What are the legal consequences when a borrower defaults on a mortgage?
In most cases, the lender issues a Notice of Sale, which warns the borrower that unless the outstanding amount is paid within 35 days, the lender has the right to sell the property.
Once the borrower fails to bring the mortgage into good standing, the lender may commence a lawsuit for possession of the property. If successful, the lender can take possession and sell the property. A borrower, however, can challenge a Power of Sale if the Notice of Sale was defective, or if the lender acted in violation of the Mortgages Act.
Whether you are a borrower or a lender in a mortgage dispute, the lawyers at Pinto Shekib LLP can guide you through this complicated area of the law. Contact Pinto Shekib LLP to schedule a free consultation.
Tort litigation typically deals with harm done to a person or property. In tort law, damages serve to put the injured party in the position that they would have been in had the tort not occurred. Tort litigation is therefore a complex area of the law. It often requires the use of third-party experts to opine on the standard of care and damages.
Our lawyers are experienced tort litigators. One of our Founding Lawyers, Sancia Pinto, has served as a Mediator and Adjudicator with the Licence Appeal Tribunal (LAT). In this role, Sancia has conducted thousands of mediations and adjudicated many cases involving complex tort disputes between insurance companies and injured car accident victims.
Our lawyers can assist you with a wide range of tort disputes, including:
- Negligence claims;
- Misrepresentation claims;
- Examinations Under Oath;
- Nuisance claims;
- Professional liability claims;
- Trespass;
- Conspiracy;
- Unlawful interference with economic relations; and,
- Business torts.
Contact Pinto Shekib LLP to schedule a free consultation.
An injunction is an equitable remedy, which can be mandatory (e.g. an order to remove a fence) or prohibitory (e.g. an order prohibiting a party from removing a fence). Injunctions are time-sensitive remedies, typically brought at the early stages of a lawsuit. The most common types of injunctions are:
- An interlocutory injunction, which is typically sought before trial, but after an action has been commenced. If granted, it often lasts until a judgment at trial is rendered.
- An interim injunction, which is often brought on an urgent basis, at times without notice to the other party, and typically lasts only 7 to 14 days.
- A permanent injunction, which is typically granted after trial and lasts indefinitely.
Whether you are bringing or responding to an injunction, our lawyers can guide you through this complicated process. Contact Pinto Shekib LLP to schedule a free consultation.
Did you win the lottery? Are you not able to collect your winnings? Did the Ontario Lottery and Gaming Corporation (“OLG”) refuse to pay out your winning ticket?
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 winning 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 to schedule a free consultation.