Disputes before the Ontario Superior Court of Justice and Small Claims Court — prosecuted or defended with strategic judgment and disciplined attention to the record.
Civil litigation is the formal process by which private rights are vindicated in Ontario courts. It is an instrument of last resort, not first resort — most disputes are better resolved by negotiation, demand letter, or mediation before a statement of claim is issued. But when litigation is necessary, it must be conducted with care: the record that is built in the early weeks of a matter will shape every decision a judge makes years later.
Avion Law acts for plaintiffs and defendants in commercial, property, and contractual disputes. We apply the same principle to every file: the strongest cases are the ones that are thoroughly prepared, realistically assessed, and precisely argued. We do not file claims we do not believe in, and we tell clients the truth about what a claim is worth before they spend money pursuing it.
Claims and defences arising from breach of written and oral contracts, including construction, services, supply, and employment contracts.
Collection of liquidated debts, enforcement of judgments through writs of seizure and garnishment, and recovery against judgment debtors who have moved assets.
Boundary disputes, easement and right-of-way disputes, nuisance claims, and disputes arising from real estate transactions — including failed closings and misrepresentation.
Shareholder oppression remedies, derivative actions, partnership disputes, and the enforcement of shareholder agreements.
Claims and defences at the Small Claims Court for amounts up to $35,000 — a forum that rewards preparation and punishes the underprepared.
Appeals to the Divisional Court and Court of Appeal for Ontario, and applications for judicial review of administrative decisions.
Civil proceedings in Ontario are governed procedurally by the Rules of Civil Procedure, a comprehensive regulation under the Courts of Justice Act. The rules control everything from the form of pleadings to the conduct of trials. A missed step under the rules — a late discovery, an insufficient affidavit of documents — can be fatal to an otherwise meritorious case.
"These rules shall be liberally construed to secure the just, most expeditious and least expensive determination of every civil proceeding on its merits." Rules of Civil Procedure, R.R.O. 1990, Reg. 194, Rule 1.04(1)
Before any claim is commenced, the Limitations Act, 2002 must be considered. The basic limitation period is two years from the day the claim was discovered, with an ultimate limitation period of fifteen years from the day the act or omission took place. Certain claims — including those arising from sexual assault, domestic violence, and specified statutory proceedings — are subject to different or no limitation periods. A missed limitation period is, in almost every case, the end of the matter.
Small Claims Court proceedings are governed by a simpler, more accessible set of rules and a monetary jurisdiction of $35,000. Oppression remedies for shareholders and directors are found in both federal and provincial corporate statutes, following the framework refined by the Supreme Court in BCE Inc. v. 1976 Debentureholders.