Legal Insights

Litigation commentary and case analysis from Starkman & Zhang Lawyers

Our Legal Insights section provides commentary and analysis on important developments in Ontario litigation and commercial law. We regularly publish articles examining recent court decisions, procedural developments, and strategic considerations in areas such as commercial litigation, real estate disputes, construction claims, and international arbitration enforcement.

These insights are intended to help businesses, property owners, and professionals better understand the legal landscape in Ontario and how courts approach complex disputes.

Explore our latest articles to learn more about litigation strategy, cross-border dispute resolution, and enforcement of legal rights in Ontario.

English Articles

Arbitral Award Enforcement

CIETAC Arbitration Award Enforcement in Ontario: Practical Guide

Calvin Zhang & Paul Starkman

Step-by-step guide to enforcing a CIETAC, ICC, HKIAC or SIAC award in Ontario: process, timeline, Article V defences, costs and post-judgment execution, based on China Yantai v. Novalex (2024 ONSC 608).

International Arbitration

Article V Defences That Succeed in Canadian Award Recognition

Calvin Zhang & Paul Starkman

When do New York Convention Article V defences actually succeed in Canada? Canadian case law on each of the five grounds, for award creditors anticipating opposition and debtors weighing resistance.

Cross-Border Disputes

Enforcing Chinese Court Judgments in Canada: Beals v. Saldanha

Calvin Zhang & Paul Starkman

How a Chinese court judgment is recognised in Ontario at common law: the real and substantial connection test, procedural fairness, public policy and fraud defences, limitation periods, and when arbitration is the better route.

International Arbitration

China vs Hong Kong vs Singapore Arbitration: Choosing the Right Seat

Calvin Zhang & Paul Starkman

CIETAC, HKIAC or SIAC for a Canada-bound contract? Enforcement under the New York Convention, enforceability in mainland China, cost, language, neutrality and award-debtor pressure points compared.

Commercial Litigation

Mareva Injunctions for Chinese Plaintiffs in Ontario: Practical Guide

Calvin Zhang & Paul Starkman

How to freeze a defendant's assets in Ontario before judgment: the four-part Mareva test, ex parte procedure, the undertaking as to damages, worldwide orders and enforcement, based on Cheng v. Qu Fei Cheng, 2022 ONSC 6796.

Cross-Border Disputes

Investment Canada Act Judicial Review: Chinese Investor Guide

Calvin Zhang & Paul Starkman

Challenging an adverse Investment Canada Act decision in the Federal Court: net benefit and national security reviews, the 30-day judicial review window and the Vavilov reasonableness standard.

Commercial Litigation

How Fast Can You Get an Injunction in Ontario?

Calvin Zhang

How quickly Ontario courts grant injunctions: urgent ex parte orders in days, contested motions in weeks or months, the RJR-MacDonald test, and Mareva orders.

Civil Litigation

What Type of Lawyer Do I Need in Ontario? A Triage Guide

Calvin Zhang

Which lawyer handles your Ontario dispute? A triage guide: barrister vs solicitor, seven litigation practice types, and when Small Claims means no lawyer.

Real Estate Litigation

Latent vs Patent Defects in Ontario: Who Pays?

Calvin Zhang

Who pays when hidden defects surface after closing in Ontario? Caveat emptor and its limits, seller liability for concealment, Tarion claims, and the 2-year clock.

Appeals

How Appeals Work in Ontario: Deadlines, Courts and Costs

Calvin Zhang

How civil appeals work in Ontario: the 30-day deadline, Court of Appeal vs Divisional Court, standards of review, stays, costs, and why most appeals fail.

Civil Litigation

Small Claims or Superior Court? Where to Sue in Ontario

Calvin Zhang

Claims up to $35,000 belong in Ontario Small Claims Court; up to $200,000 in Superior Court simplified procedure. Costs, limitation periods, and how to decide.

Commercial Litigation

Business Partner & Joint Venture Disputes in Ontario

Calvin Zhang

How Ontario law resolves business partner and joint venture disputes: OBCA oppression remedy, derivative actions, deadlock, buy-outs, and urgent injunctions.

Landlord & Tenant Litigation

Landlord Rent Arrears Over $50,000: Superior Court Guide

Calvin Zhang

After the LTB cap moved to $50,000 in October 2025, Ontario landlords need a clear playbook. A complete guide to recovering large arrears at the Superior Court — including summary judgment strategy and two recent decisions.

Commercial Litigation

Ontario Contract Dispute Guide: What to Do When the Other Side Breaches

Calvin Zhang

A commercial litigator's guide to Ontario contract disputes: common dispute types, the four-step response strategy after a breach, the damages available under Ontario law, and when litigation is — and is not — the right tool.

Civil Litigation

Toronto Litigation Lawyer Fees Explained

Calvin Zhang

How litigation lawyers charge in Toronto — hourly, flat fee, and contingency models, how retainers work, Ontario's loser-pays cost rule, and six practical ways to keep legal costs under control.

Civil Litigation

How to Choose a Litigation Lawyer in Toronto (Ontario Guide)

Calvin Zhang

A practical, evidence-based guide to choosing the right litigation lawyer. Learn how to verify experience through public court records, evaluate advocacy skills, and make an informed decision.

Commercial Litigation

Ontario Court of Appeal Summary Judgment: Wei v. Ye-Hang

Paul Starkman & Calvin Zhang

The Ontario Court of Appeal upheld summary judgment in a loan dispute, confirming key principles on the parol evidence rule, burden of proof, and reverse corporate veil piercing.

Construction Litigation

Contractor Wins Construction Dispute with Expert Evidence

Paul Starkman & Calvin Zhang

A contractor achieved a full trial victory after the court excluded the homeowner's expert evidence and found substantial performance of a sunroom renovation contract.

Construction Litigation

Construction Liens in Ontario: Discharge of Wrongful Liens

Paul Starkman & Calvin Zhang

Two case studies examining both sides of construction lien disputes: discharging a wrongful lien and enforcing a valid lien to recover payment.

International Arbitration

Enforcing Foreign Arbitral Awards in Ontario

Paul Starkman & Calvin Zhang

How Starkman & Zhang successfully enforced a CIETAC arbitral award in Ontario in China Yantai Friction v. Novalex, 2024 ONSC 608.

Real Estate Litigation

When a Real Estate Deal Falls Apart in Ontario

Paul Starkman & Calvin Zhang

A comprehensive guide to buyer default, seller default, deposit forfeiture, misrepresentation claims, and damages calculation when Ontario real estate transactions collapse.

Civil Litigation

Toronto Civil Litigation Timeline

Calvin Zhang

A detailed walkthrough of the Toronto civil litigation process from filing a Statement of Claim through trial, including expected timelines and courthouse locations.