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ESTATE, REAL ESTATE, CORPORATE & COMMERCIAL LITIGATION

FREE CONSULTATION

TORONTO'S LEADING CIVIL LITIGATION LAWYERS

ESTATE, REAL ESTATE, CORPORATE & COMMERCIAL LITIGATION

FREE CONSULTATION

10+

YEARS OF LITIGATION
EXPERIENCE

99%

CUSTOMER
SATISFACTION RATE

24/7

CLIENT SUPPORT
& AVAILABILITY

$$

CONVENIENT
PAYMENT PLANS

Construction Litigation Lawyers

Exceptional dispute resolution and litigation services.

Construction litigation in Ontario is a complex and multifaceted area of law that involves disputes arising from construction projects. The law governing construction litigation in Ontario is mainly derived from common law principles, as well as statutes such as the Construction Lien Act, the Construction Act, and the Limitations Act. These statutes provide a mechanism for contractors, subcontractors, and material suppliers to secure payment for work or materials provided to a construction project and set out time limits for the commencement of legal proceedings.

One of the most common types of construction disputes is contract disputes. These disputes often arise from a failure to perform or comply with the terms of the construction contract, such as a failure to pay, a failure to complete the work on time, or a failure to comply with the specifications. In such cases, the parties may seek to resolve the dispute through negotiation, mediation, or arbitration, or they may seek a court order for specific performance or damages.

However, in addition to statue and law knowledge, construction litigation is a separate area of Civil Litigation that follows its specific Civil Procedure rules. Each Ontario Court has its own practice guidance rules to follow when dealing with Construction Disputes, and, although, these are somehow similar; there are still minor differences pertaining to each jurisdiction.

Experienced Toronto Civil Litigation Lawyer
Civil LitigationLitigation and Independent Legal Advice
Civil LitigationPlaintiff & Defence Counsel
Civil LitigationInjunctions, Applications & Appeals
Civil LitigationTrials, Discoveries and Mandatory Mediations
Civil LitigationStay proceedings, Motions, & Summary Judgements
Civil LitigationArbitration, Mediation & Enforcements

Why Choose ME LAW?

Civil LitigationInside-out knowledge and application of Rules of Civil Procedure
Civil LitigationUnderstanding of how to initiate lawsuits and how to end them, along with strategic consideration on how the case might develop, and tactics on how to deal with the process (especially, should any surprises come up)
Civil LitigationHow to deal with difficult Opposing Counsels, Judges, and other involved parties (e.g. Experts, Witnesses, Mediators & etc)
Civil LitigationHow to prepare court documents correctly, so not to waste anyone’s time (e.g. Factums, Motions, Briefs & etc)
Civil Litigationand most importantly: How to always strive to deliver value, results, while maintaining the trust with the client
Call Us Now

We know that choosing the right lawyer can seriously impact anyone’s future.

Speak to us today!

CALL:
416-606-5405
EMAIL:
office@melaw.ca

Honest Testimonials

99% of our clients recommend our civil litigation services

May literally saved my life after I was about to lose my home. She worked very hard negotiating with other parties lawyer and also provided me with options on how to resolve my case that I didn’t even think of.

testimonial
D.W.

Business Owner

CONSTRUCTION LITIGATION

The CLA, which was first enacted in 1983 and later amended in 2018, is the primary legislation governing construction liens in Ontario. The CLA provides a mechanism for contractors, subcontractors, and material suppliers to secure payment for work or materials provided to a construction project. Under the CLA, a lien can be filed against the property where the work was performed or the materials were supplied, and the lien will remain in place until the claim is resolved or the lien is discharged.

The CA, which was enacted in 2019, replaces the former Construction Lien Act and is designed to improve the construction payment process in Ontario. The Act establishes a new construction payment regime, which includes a new prompt payment and adjudication process, as well as a new construction contract and trust provisions. The Act also sets out a new notice regime for construction liens, which requires claimants to provide notice of their claim to the property owner, the contractor, and the lender, among others.

The Limitations Act is a provincial statute that sets out time limits for the commencement of legal proceedings. In construction litigation, the limitation period for most claims is two years from the date of the occurrence of the event giving rise to the claim. However, there are certain exceptions to this rule, such as for latent defects, which may have a longer limitation period.

Divorce
Constructions Liens

We understand that sometimes obtaining payment on projects already performed on construction sites can be very difficult. There are times when you are not paid as a contractor and would like to enforce your rights. We work with all kinds of contractors on all kinds of projects registry and perfect liens. Our goal is to obtain a settlement that is satisfactory to our clients that see them getting paid:

  • DivorceDefault proceedings, Settlement meetings, Setting liens for Trials
  • DivorceAdjudication, Lien preservation, Arbitration
  • DivorceRegistering and Perfecting Construction Liens
  • DivorceEarly release of holdback
Human Rights Lawyer
Enforcement of court orders

Once trials have been completed and costs are awarded or default judgements are obtained the next step would be to obtaining what has been awarded. This will often involved conducting examinations in aide of execution to find out if the debtor has the ability to pay the judgement. At this stage, we often ask questions about the debtor's income, assets, and liability in order to assess if the debtor has the ability to pay. Orders can be sought and obtained that would see accounts frozen. Contact us today if you would like to speak with a lawyer:

  • Human Rights LawyerDefault Judgements and Motion to Set Aside Default Judgements
  • Human Rights LawyerDealings with Sherrif and Bailiffs
  • Human Rights LawyerLiens, Certificate of Pending Litigation, Cautions
Contract Law and Breaches of contract
Contract Law and Breaches of contract

Any breach of a contractual obligation could result in a claim for damages. Whether it is a case of non-performance or interference with another party's performance, our Toronto civil litigation team of lawyers can offer clear legal advice and can handle civil litigation pertaining to all types of contractual disputes and contract claims, such as:

  • Contract Law and Breaches of contractCommercial Contracts & Unjust Enrichment
  • Contract Law and Breaches of contractUnfair dealings, Bad faith, and Breach of Fiduciary duty
  • Contract Law and Breaches of contractBreach of Trust, Conspiracy, & Misrepresentation
  • Contract Law and Breaches of contractNon-performance, Injunctions or Enforcement
Canadian Business Corporations Law
Corporate & Commercial Litigation

When business relationships go south or become complicated, we work closely to handle all issues related to such, while mitigating public exposure and reducing the damages, in order to ensure that the business keeps operating:

  • Canadian Business Corporations LawApplications, Injunctions, Arbitration & Mediation Proceedings, Plaintiff and Defence Legal Counsel
  • Canadian Business Corporations LawMergers & Acquisitions, Business Sale, Winding Down, & Receivership
  • Canadian Business Corporations LawCorporate Restructuring, Appointing Inspector, Corporate Investigations
  • Canadian Business Corporations LawCorporate Governance, Shareholder Relationships & Dividends issues
  • Canadian Business Corporations LawRights and Remedies of Shareholders and Stakeholders
Civil Fraud
Real Estate Litigation

Whether you are the defendant or the plaintiff in a real estate purchase and/or sale dispute, or having issues related to the title, boundary and/or easements connected to your property, or require an acute legal counsel to represent you in a Sale & Partition proceedings - our savvy lawyers have all the necessary and the required expertise to handle such cases. The best way to start resolving your real estate litigation matter is to consult our lawyers immediately and learn about your legal options:

  • Civil FraudPurchase and Sale Disputes, incl. Deposit Forfeiture
  • Civil FraudBoundary, Title & Easements disputes
  • Civil Fraud Partition Proceedings
  • Civil FraudCommercial Real Estate Disputes, incl. Leases
Commercial Conflicts and Civil Disputes
Mergers & Acquisitions

We handle complex mergers and acquisitions on behalf of our clients:

  • Commercial Conflicts and Civil DisputesLetters of Intent (LOI)
  • Commercial Conflicts and Civil DisputesSales & Purchases of Businesses and Assets
  • Commercial Conflicts and Civil DisputesDue Dilligence and Preparation of Closing of Documents
Disputes with Management Company/Condominium Boards
Disputes with Shareholders and Directors

Shareholder disputes can become very nasty and spiral out of control causing damage to all the parties of the dispute. Therefore, it is paramount to have a legal counsel on one's side who totally understands the dynamics of these disputes and can craft a strategy to prevent further damages to other shareholders, engage an independent party to seize the control of the business until the issues between the fighting shareholders resolved; or to configure the most efficient winding down strategy if parties are not acting reasonably and cannot cohabitate with each other any longer:

  • Disputes with Management Company/Condominium BoardsDirector's Liability
  • Disputes with Management Company/Condominium BoardsOpression Remedy and Derivate Actions
  • Disputes with Management Company/Condominium BoardsInjunctions (incl. Mareva, Norwich, Anton Piller Orders)
  • Disputes with Management Company/Condominium BoardsAppointing Ispector, Forensic Auditors, other Experts
  • Disputes with Management Company/Condominium BoardsCorporate governance, Accountability, and Dividends Issues
Legal Paperwork, Reviews, and Injunctions
Legal Paperwork, Reviews, and Injunctions

As part of our bespoke legal services, the ME Law specialist advisers and civil litigation lawyers are always here to answer your questions related to a variety of legal proceedings, maximizing your chances of a successful result. Someone from our legal team will assess your needs, options, and goals, then closely work with you and help through every step of the way. Do not hesitate to reach out if you need legal guidance related to:

  • Legal Paperwork, Reviews, and InjunctionsIndependent Legal Advice and Document Reviews
  • Legal Paperwork, Reviews, and InjunctionsDemand Letters, Assistance with the Affidavit preparations, Letters to the Parties of the Dispute, & Injunctions
  • Legal Paperwork, Reviews, and InjunctionsCost assessments, Negligence Claims & Regulatory Investigations

Experienced Toronto Civil Litigation Lawyers

Exceptional dispute resolution and litigation services.

Civil Litigation field is extremely complex. While some individuals feel that they can handle civil litigation themselves, working without a lawyer can be incredibly complicated. The legal system is not designed to be easily understood, and small mistakes can have huge implications. It takes years and years even for very smart lawyers to forge their craft to become not only knowledgeable and experienced in the field, but also effective, especially, when having limited resources (time and money) in a lot of cases.

Therefore, the difference between Winning Litigator and just Litigator is that Winning Litigators understand how to build the case from the very beginning (and how to develop it the very end), how to advance it tactically throughout the process (despite possible challenges and these happen in every single case), and then how argue it successfully in front of the Judge (or, on the contrary, how to make sure that it never, indeed, gets in front of the Judge, so the clients do not end up losing and paying extremely high legal costs to the other side because of losing).

The bottom line is that Strong and Winning Litigators have that “knowledge of the Courts”, that hard-earned experience (both through successes and failures, mistakes, and hard-fought battles, through something that cannot be bought, studied or borrowed elsewhere but only gained through personal exposure to litigation over and over again and again), therefore, most likely, resulting, in a reputation in front of the Judges (and Judges, just like the fortune, tend to favour the bold).

Experienced Toronto Civil Litigation Lawyer

Are You Facing A Legal Dispute?

Frequently Asked Questions

What parties could be involved in construction litigation?

There are several key players involved in construction litigation in Ontario. These include:



  • Contractors: Contractors are responsible for carrying out the construction work. They are often the party that is most directly involved in the dispute.

  • Subcontractors: Subcontractors are responsible for specific aspects of the construction work, such as electrical or plumbing work. They may also be involved in disputes.

  • Architects and Engineers: Architects and engineers are responsible for the design and planning of the construction project. They may also be involved in disputes if there are issues with the design or plans.

  • Owners: Owners are the party who is paying for the construction work. They may be involved in disputes if there are issues with the construction work or if they are not satisfied with the progress of the project.

  • Suppliers: Suppliers provide materials or equipment for the construction project. They may be involved in disputes if there are issues with the materials or equipment.

  • Lawyers: Lawyers are often involved in construction disputes to represent the parties and help them navigate the legal process.

  • Insurance Companies, Regulatory Bodies, and City Officials: these parties are also very often very important players to consider in cases when disputes arise.

What are the most common types of construction disputes?
Types of Disputes


Construction disputes can arise between a wide range of parties, including contractors, subcontractors, architects, engineers, owners, and suppliers. Some of the most common types of disputes include:



  • Contract disputes: These disputes arise when one party fails to live up to their obligations under the contract. This can include issues such as delays, changes to the scope of work, or disputes over payment.

  • Construction defects: These disputes arise when there are defects or issues with the construction work that were not identified during the construction process. This can include issues such as leaks, cracks, or structural problems.

  • Delay claims: These disputes arise when the construction project is delayed due to factors such as weather, unforeseen site conditions, or issues with the design or plans.

  • Payment disputes: These disputes arise when one party fails to pay the other party as outlined in the contract. This can include issues such as non-payment of invoices, disputes over retainage, or disputes over the amount of payment.

What are the most common methods to resolution of disputes?

There are several ways to resolve construction disputes in Ontario. The most common methods include:



  • Mediation: Mediation is a form of alternative dispute resolution (ADR) where a neutral third-party mediator helps the parties to reach a settlement. Mediation is often used as a way to resolve disputes quickly and efficiently.

  • Arbitration: Arbitration is a form of ADR where a neutral third-party arbitrator makes a decision on the dispute. This is similar to a trial, but the process is usually quicker and less formal.

  • Litigation: Litigation is a formal legal process where the dispute is resolved in court. This can be a lengthy and expensive process, but it is often necessary when the parties are unable to reach a settlement.

What Are Your Fees?

Our Fees depend on your specific situation. We provide an initial FREE 10-30 minutes case evaluation consultation. We will then determine the complexity, the amount of work that needs to be done and the other factors that might influence your unique situation. Upon that, we discuss payment options such an hourly rate fee, block fee or whether the payment plans would be available, given the circumstances.

Ultimately, the fees will always depend on the client and the client needs; also on whether one wants to engage in a very aggressive (by say bringing motion after motion) tactic or just standard course of litigation, crafty, very meticulously done defence or only requires minimum legal assistance to provide very basic, necessary, minimal steps.

What is the process and next steps?

After our initial consultation over the phone, we schedule an appointment at our office (or over Zoom) where we discuss in detail your legal issue. We try to contact you promptly and immediately, if necessary, in order to keep you engaged throughout the whole process.

When and Where can you see me?

After our initial consultation over the phone, we will make an appointment and discuss all your matters confidentialy at our office. Our office is conveniently located in the heart of dowtown Toronto, right across from the Royal Ontario Museum (ROM). The closest subway stations are either St.George or Bay/Yonge/Bloor or Museum stations. There is a municipal parking at the back of the building.

When can you start the work?

While we are happy to start assisting you with your matter right away, we cannot begin working until we have been fully retained. This includes both your signing our engagement agreement (confirming that you are hiring us as your lawyer with outlining the terms of our relationship), and payment of our retainer fees which we require prior to beginning to work. We will not be your lawyers and will not be able to assist you until both of those steps have been completed.

What should I expect?

Call Us Now for a FREE 15-30 minutes case evaluation consultation and most lilkely we'd love to start handling your case right away. Many legal situation are not unique, and most likely we've handled very similar cases before, and, therefore, this is where we can, as professionals with prior experience, step in to advise you on the best course of action. Remember you have rights too and not just obligations, so no need to panic. Be rest assured that you can definitely rely on us during those stressful times.


Do you do limited scope retainers? Do you provide ILA? Can you recommend on experts required?

Yes. Yes. & (most likely) yes (depending on your case, of course)

We are members of the following highly-regarded Professional Associations

Law Society of Ontario
Criminal Lawyers' Association
Criminal Lawyers' Association

Get a free consultation

Let professionals handle your case!
Call 416-606-5405 (or 1800-891-2897) or
Email Us To Discuss Your Options:
office@melaw.ca