Civil Litigation

Legal disputes are an unwelcome distraction from everyday life and a hindrance to operating a productive business. In today’s economic climate, there is a real need disputes be resolved quickly, efficiently, and as cost-effectively as possible. The lawyers at Himelfarb Proszanski have the skills to quickly access the facts, provide practical analysis, and explain your options. We adhere to the highest standards of professionalism and take a businesslike and practical approach to litigating clients’ disputes and keeping clients up-to-date on the progress of their matter. We consistently obtain favourable results.

Himelfarb Proszanski is regarded as one of Ontario’s leading civil litigation firms. Combined, our Civil Litigation Practice Group has over 80 years of experience appearing before all levels of court in Ontario, and the Supreme Court of Canada. This extensive experience allows us to handle a full range of civil litigation disputes including, contract or partnership disputes, debt collection, real estate disputes, shareholders disputes, insurance claims, and personal injury matters. We also have significant knowledge of less expensive alternatives to litigation such as negotiation, mediation, and arbitration, enhancing the cost-effectiveness of our representation.

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Peter Proszanski With Colleagues

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Commercial Litigation Services

Commercial Litigation

We handle all types of contract disputes including shareholder and partnership disputes, breach of contract, and deficiencies and defects in the quality of goods and services delivered. Our firm is also noted for its representation in civil matters regarding business dissolution, interference with business relations, secured transactions, and negligent and fraudulent misrepresentation. The lawyers at Himelfarb Proszanski will competently handle your matter, assess your risks, and obtain effective results.

Franchise Disputes

Members of the firm have significant experience acting for both large and small franchisors and franchisees. Our Franchise Law Group provides clear and precise legal advice before and during litigation to franchisors and franchisee regarding their respective rights and obligations under the common law and Arthur Wishart Act. We handle all franchise related disputes including breach of franchise agreements, breach of fiduciary duty, misrepresentation and negligent sale projection matters, and Arthur Wishart Act violations. We frequently obtain excellent results and have litigated major franchise disputes obtaining significant settlements and awards for clients.

Real Estate and Other Property Disputes

Himelfarb Proszanski litigates a variety of real estate and property disputes on behalf of clients. This litigation includes negligent and fraudulent misrepresentation of property, purchase and sale agreement disputes, specific performance, certificates of pending litigation, mortgage enforcement, mortgage fraud and fraudulent transfers, enforcement and defence of restrictive covenants, rights-of-way, and other easements, partition and sale, and other disputes involving claims of interest in property and title disputes.

Debt Enforcement

We recognize that obtaining a judgment in court may be an insufficient outcome for a client. Receiving a judgment is one thing, actually collecting on the debt owed is quite another. Our lawyers work closely with clients and utilize all available appropriate enforcement procedures to assist clients in receiving the compensation they have been awarded or are owed. As a part of our view towards practical and cost-effective advice, we strive to achieve the optimum collection method available and appropriate in the circumstances in the most cost-effective and efficient manner.

Regulatory and Disciplinary Offenses

Licensed professionals, whose conduct are governed by a regulatory body (the Securities Commission, the Royal College of Dental Surgeons, the Law Society of Upper Canada), may be unfortunate recipients of a complaint by a client or member of the public. In cases such as these, mere allegations of misconduct may place your very livelihood at risk. It is essential that you have competent legal representation to protect your employment or business, your reputation, and your dignity. The lawyers at Himelfarb Proszanski have the knowledge and skills to defend professionally licensed clients and resolve disputes in their favour. We aggressively defend and assist clients both at the investigation and, if necessary, the hearing stages of a complaint.

Wrongful Dismissal and Other Employment Law matters

Employment is a major aspect of anyone’s life. From time to time, issues may arise in the workplace which require legal advice. We act for both employers and employees in all areas of employment law, including wrongful dismissal, breach of employment contracts, workplace harassment, workplace safety, complaints arising under the Human Rights Code, and long-term disability matters. The lawyers at Himelfarb Proszanski have experience before both, the Ontario Human Rights Tribunal and the Ontario Human Rights Commission, to ensure that you are expertly represented. We have significant depth and competence in this area and have achieved excellent results for clients.

Bankruptcy and Insolvency Matters

We are highly experienced in Bankruptcy and insolvency matters, including proposals in bankruptcy under the Bankruptcy and Insolvency Act, petitions for bankruptcy, and plans of arrangement and compromise for corporations in financial distress. We strategize with our clients in order to determine the best course of action to help them through periods of financial uncertainty towards the goal of avoiding litigation and bankruptcy. We work closely with trustees in bankruptcy, debtors, and creditors to achieve the best results possible.

Land Use Disputes

The Civil Litigation Practice Group has extensive experience litigating a variety of real estate and land use related matters, including purchase and sale of residential and commercial buildings, mortgage remedies, land use disputes, and expropriation matters. We consistently achieve successful results in complex and difficult litigation disputes which have been recognized as leading cases in the areas of purchase and sale transactions, leasing, and mortgage enforcement.

The Civil Litigation Team