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Litigation – Areas of Practice & Reported Cases


Osgoode Hall

Over the years, we have established a wide range of experience in litigation generally and commercial litigation in particular.  That experience has included cases involving:


Commercial Litigation


  • Contractual disputes
  • Priority disputes over loan security
  • Debt collections
  • Fraud claims
  • Misrepresentation
  • Breach of confidentiality / fiduciary obligations
  • Negotiable instrument litigation for
    • Promissory notes
    • Bills of exchange and cheques
    • Letters of credit
  • Insurance coverage disputes


Corporate Litigation


  • Shareholder disputes
  • Oppression remedies
  • Appraisal remedies
  • Applications to wind-up deadlocked companies
  • Applications to rectify corporate record errors


Real Estate Litigation


  • Commercial lease disputes
  • Residential lease disputes / Ontario Residential         Housing Tribunal matters
  • Boundary / adverse possession disputes
  • Disputes arising from the purchase or sale of land
  • Mortgage enforcement claims


Employment Matters


  • Wrongful dismissal actions
  • Human rights complaints
  • Improper competition by former employees
  • Claims of vicarious liability for employers


Injunctions / Preservation of Property


  • Mareva injunctions
  • Anton Pillar injunctions
  • Norwich Pharmacal orders
  • Freezing of assets or payment of funds into court     (interpleader proceedings)


General Litigation


  • Negligence claims
  • Interference with property rights or enjoyment          (nuisance)
  • Occupier’s liability
  • Competition Act investigations
  • Defamation claims


Judicial Reviews and Appeals


  • Ontario Divisional Court
  • Ontario Court of Appeal
  • Supreme Court of Canada

Law Reports

Reported Cases


Not all decisions by the courts are reported.  Some of the best results are quick handwritten endorsements by the Judge stating something along the lines of “for the reasons expressed in Mr. Caruana’s written arguments, the plaintiff’s claims are dismissed.”  Even if lengthy reasons are given by the court for its decision, the case may not be reported if it does not provide a sufficiently strong precedent for future lawsuits.

Christopher Caruana has been fortunate to have been involved in several cases that merited reporting due to the legal or factual issues involved.  Those cases include:


  • Bank of Montreal v. Witkin (2005), 9 B.L.R. (4th) 256 (Ontario Superior Court of Justice).  Successful collection on promissory notes and defence of counterclaim by debtor that Bank owed a fiduciary duty or negligently failed to advise of information that would have prevented the debtor from borrowing the funds.

  • Enerworks Inc. v. Glenbarra Energy Solutions Inc. (2012), 39 C.P.C. (7th) 190 (Ontario Superior Court of Justice).  Defence against motion to compel client to provide financial and other information for related, but separate, corporate affiliates in a judgment debtor examination brought against another of those affiliated companies.

  • Lacroix Estate v. Forrest (2000), 48 O.R. (3d) 619, 187 D.L.R. (4th) 280, 133 O.A.C. 25, 34 E.T.R. (2d) 241, 8 R.F.L. (5th) 51 (Court of Appeal).  Successful appeal of an Order that an executor of will be jailed for 3 months for the failure to pay money.


  • Bank of Montreal v. Abrahams et al. (2002), 59 O.R. (3d) 180, 27 B.L.R. (3d) 117 (Ontario Superior Court of Justice); affirmed (2003) 179 O.A.C. 36, 38 B.L.R. (3d) 311 (Ontario Court of Appeal); leave to appeal to Supreme Court of Canada denied May 6, 2004. Successful collection action for hundreds of promissory  notes against real estate investors.


  • Toll v. Marjanovic (2002), 46 R.P.R. (3d) 308 (Ontario Superior Court of Justice); affirmed (2003), 10 R.P.R. (4th) 39 (Court of Appeal).  Successful defence of vendor in aborted sale of Yorkville real estate and counterclaim for entitlement to the deposit paid for the sale.


  • Place Concorde East Limited Partnership v. Shelter   Corporation of Canada et al., (2003), 43 B.L.R. (3d)    54 (Ontario Superior Court of Justice); Appeal pending in the Ontario Court of Appeal.  Successful defence of financial institutions from claims that investors were capable of setting off debts owed by a third party against their indebtedness on various loans.


  • Ontario Ironworkers / Rodmen Benefit Plan Administrator v. Nesbitt Burns Inc. (2001), 103 A.C.W.S. (3d) 507 (Ontario Superior Court of Justice).  Action for misrepresentation by agent and subsidiary corporation of financial institution.

  • Nunez v. Podbielski (2008), 69 R.P.R. (4th) 253 (Ontario Superior Court of Justice).  Successful application to open easement blocked by neighbours.