Commercial Litigation:

• A commercial arbitration concerning the enforceability of restrictive covenants in a franchise agreement, and related injunction proceedings.
• Multi-party litigation arising from a share-purchase transaction in which a vendor take-back mortgage interest was improperly subordinated to an institutional lender, contrary to the parties’ agreement.
• Litigation involving diverted funds across multiple jurisdictions, requiring consideration of the enforceability of Ontario Superior Court interlocutory orders in Hong Kong.
 

Securities Litigation:

• Litigation arising from regulatory proceedings affecting an investment advisor’s ability to conduct business, requiring judicial determination of the client’s remaining entitlements.
• An action involving significant losses across several investment portfolios resulting from investments made in excess of the clients’ stated risk tolerances.
 

Real Estate & Development Litigation:

• A claim for unjust enrichment relating to oversized sewer infrastructure installed to accommodate neighbouring future developments, including issues under the Development Charges Act.
• Litigation against the Province of Ontario following a land sale in which a structure intended for demolition was later found to contain environmental contamination.
• Litigation arising from a failed Ontario Municipal Board appeal involving a proposed lot severance and the creation of a multi-unit residential property in central Toronto.

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Client Feedback:

"James represented me in a complex commercial litigation matter where my livelihood and business were at stake. My business is in Manitoba, but the litigation was in Ontario. James was a strong advocate at every stage, and focused on protecting my interests. He treated my case with real care and perseverance. We achieved a favourable result, and my business continues to thrive. I’m grateful for his help and would recommend him without hesitation."

 

Ted Dzogan, President
Summus Inc. 
Brandon, Manitoba