Toronto Commercial Litigation Lawyer
Strategic advocacy for businesses and individuals in complex commercial disputes across Ontario.
By Paul Starkman & Calvin Zhang | Starkman & Zhang Lawyers | 30+ years litigation experience
A business partner refuses to honor a signed contract. A shareholder is diverting company funds. A supplier has delivered defective goods worth hundreds of thousands of dollars. When commercial relationships break down, the financial consequences can be devastating — and the legal path forward is rarely straightforward. Commercial litigation is the process of resolving these business disputes through the Ontario court system, from the Superior Court of Justice to the Court of Appeal.
Contract Disputes & Business Litigation
Contract disputes are the backbone of commercial litigation. When a business partner fails to honour a signed agreement, when payment obligations go unmet, or when a joint venture unravels, the financial consequences can be devastating. Our firm has litigated hundreds of breach-of-contract actions in the Ontario Superior Court of Justice, from straightforward debt recovery claims to multi-million-dollar disputes involving complex commercial arrangements.
We advise on the full lifecycle of a contract dispute: pre-litigation demand strategy, preservation of evidence, interim relief where urgent, and trial or mediation as circumstances require. Our goal is always to achieve the most efficient resolution — whether that means a negotiated settlement on favourable terms or a decisive judgment at trial.
Injunctions & Emergency Court Orders
Some commercial disputes require immediate court intervention. When assets are being dissipated, when a former employee or partner is breaching restrictive covenants, or when irreparable harm is imminent, an interlocutory injunction can be the difference between preserving your rights and losing them entirely. Our firm has extensive experience in urgent motion practice before the Ontario Superior Court, including Mareva injunctions to freeze assets, Anton Piller orders for preservation of evidence, and certificates of pending litigation to protect interests in real property.
We understand the strict legal test for injunctive relief — theRJR-MacDonald framework — and we know how to build the evidentiary record that Ontario courts require on these critical motions.
Ontario Courts
Our commercial litigation lawyers appear regularly before the Ontario Superior Court of Justice, the Divisional Court, and theCourt of Appeal for Ontario. We have handled matters at every stage — from initial pleadings and documentary discovery through examinations for discovery, pre-trial conferences, and multi-week trials. Our team has also represented clients in private arbitrations under the Ontario Arbitration Act, 1991 and in mediations that have resolved disputes efficiently and favourably.
Three decades of continuous practice in Ontario commercial litigation means we have seen virtually every type of business dispute, and we bring that institutional knowledge to bear for every client we represent.
The Complete Guide to Commercial Litigation in Ontario
For a comprehensive overview of commercial litigation in Ontario — including the court system, litigation process, available remedies, costs, limitation periods, and strategic considerations — read our detailed 12-part legal guide.
Read the Complete Guide to Commercial Litigation in OntarioRepresentative Matters
Selected commercial litigation matters our firm has handled in Ontario. Each case study describes the strategic decisions, the operative result, and where the reasoning came from in the judgment.
Atlas (Brampton) v. Canada Grace Park, 2021 ONCA 221
Court of Appeal upheld $1.8M PPSA share-pledge foreclosure under the Casse v. Credifinance functional notice approach. Equitable relief from forfeiture refused.
Wei v. Ye-Hang, 2026 ONCA 180
Court of Appeal affirmed summary judgment in a commercial dispute, applying the Hryniak framework on appellate review.
Luo v. Fulton Development, 2023 ONSC 6262
Defeated a Rule 21.01(3)(d) and 25.11 motion to strike a derivative + oppression hybrid claim — collateral attack on prior leave order rejected under De Bousquet.
Cheng v. Qu Fei Cheng, 2022 ONSC 6796
Mareva injunction over $835,000 in property sale proceeds — secured asset preservation and Rule 40.03 relief from undertaking in damages.
Canada Grace Park v. Grigoras, 2021 ONSC 3934
Summary judgment on two $500,000 loans plus personal guarantee under Hryniak; counterclaim dismissed; $700,000 principal recovered with 12% / 15% interest.
Kal-Trading v. Plastics Processing, [2006] O.J. No. 2127
USD $69,000.35 summary judgment on dishonoured cheques — equitable set-off rejected on bills of exchange under Iraco Ltd. v. Staiman Steel.
Related Legal Insights
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Frequently Asked Questions
How long does a commercial litigation case take in Ontario?
Simple contract disputes may resolve in 12-18 months through summary judgment. Complex Commercial List matters can take 2-4 years to reach trial. Many cases settle at mandatory mediation, significantly shortening the timeline. Contact us to discuss realistic expectations for your case.
What does commercial litigation cost in Toronto?
Costs depend on complexity, the number of parties, and whether the case goes to trial. Ontario follows a ‘loser pays’ principle, meaning the unsuccessful party typically pays 50-60% of the winner’s legal fees. We provide transparent fee estimates at your initial consultation.
Can I sue a business partner who is taking money from the company?
Yes. Ontario’s Business Corporations Act provides powerful remedies including the oppression remedy and derivative actions. You may also be able to obtain a Mareva injunction to freeze assets and prevent further dissipation. Early legal action is critical.
What is the limitation period for a breach of contract claim?
In Ontario, you generally have 2 years from when you discovered (or should have discovered) the breach to commence an action. Missing this deadline bars your claim permanently, so consult a litigation lawyer promptly.
Facing a Business Dispute? Act Before Limitation Periods Expire
Ontario’s two-year limitation period means early legal advice is critical. Whether you need to enforce a contract, respond to a shareholder oppression claim, or seek an urgent injunction, contact our commercial litigation team to assess your options.
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