 |
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
|
 |
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.
|
