Our advocates have appeared with significant success at all levels of court in Ontario – below are some of the notable cases in which they have been involved.
Charles Chang successfully argued before the Ontario Court of Appeal in favour of upholding a judgment granted in accordance with a settlement entered into by the parties to the litigation.
Charles Chang appeared before the Ontario Court of Appeal and successfully argued in favour of preserving the trust claims of various commercial transportation carriers in the bankruptcy of one of North America’s largest trucking conglomerates.
Charles Chang represented a local minor hockey association at the Ontario Court of Appeal in a case involving a player’s attempt to play in a different league in violation of the hockey association’s applicable rules and by-laws.
Charles Chang appeared before the Ontario Court of Appeal in a case in which the issue was the appropriate commencement date for the applicable limitation period pursuant to the Limitations Act, 2002 in the context of a construction subcontractor’s breach of contract.
Charles Chang successfully argued a motion before the Ontario Court of Appeal respecting the timing for perfection of his client’s appeal.
Charles Chang appeared before the Divisional Court of Ontario and successfully appealed the lower court's decision to award judgment against a “for-hire” freight carrier in respect of a commercial trailer lease agreement, to which the carrier was not a party.
Superior Court of Justice
Charles Chang successfully defended an action brought against a homebuilder and its parent company for alleged breach of contract and/or negligence in the design and building of an upscale home in Cambridge, Ontario. The trial judge found no basis for liability on the part of either of the defendants and dismissed the action with costs.
Charles Chang successfully defended an action brought against a food equipment vendor for rescission of a contract for the purchase of a slushy machine by the plaintiffs. The trial judge found no basis for liability on the part of the defendant and dismissed the action with costs.
Charles Chang defended a lien action commenced under the Construction Lien Act against a large general contractor by a subcontractor for moneys allegedly owing under one of the subcontracts in a residential condominium building project in downtown Toronto.
Charles Chang was trial counsel in an action involving a subcontractor’s breach of its subcontract on a road construction project. Charles successfully utilized rule 51 to secure deemed admissions from the defendant, which deemed admissions were upheld by the trial judge.
Charles Chang successfully brought an application in the Ontario Superior Court of Justice for the appointment of a Receiver under the Courts of Justice Act and the Bankruptcy and Insolvency Act in a case involving a multi-million dollar fraud.
Charles Chang successfully brought an application in the Ontario Superior Court of Justice for the appointment of a Receiver under the Courts of Justice Act and the Bankruptcy and Insolvency Act in respect of a multimillion dollar golf, marina and residences resort on Georgian Bay.
Charles Chang successfully brought an application for a bankruptcy order against an Ontario corporation that was acting under contract as a fund manager for a foreign investment fund. The respondent fund manager, instead of deploying the moneys in accordance with its legal obligations, misappropriated same for other improper purposes.
Charles Chang obtained summary judgment against the defendants in a debt collection matter in which the defendants alleged, among other things, a collateral contract and advanced a multi-million dollar counterclaim. The summary judgment motions judge granted judgment on the claim and dismissed the defendants’ counterclaim with costs.
Charles Chang brought a successful motion against the plaintiffs for judgment in accordance with a settlement reached in an action for alleged oppression under the provisions of the Ontario Business Corporations Act in respect of a real estate investment business.
Charles Chang successfully opposed an emergency motion brought in the Ontario Superior Court of Justice for an injunction in an action for alleged oppression under the provisions of the Ontario Business Corporations Act in respect of a real estate brokerage business. Following the dismissal of his motion, the plaintiff agreed to a settlement of the action as a whole.
Charles Chang successfully opposed a motion brought in the Ontario Superior Court of Justice by the defendants for an order discharging the plaintiff’s claim for lien pursuant to the Construction Lien Act after allegedly repeated unsuccessful attempts to cross-examine the plaintiff on its claim for lien. The motions judge agreed with Charles’s submissions that the defendants’ lawyer’s failure to comply with the Principles of Civility and Professionalism and ordered the defendants to pay the plaintiff’s costs.
Charles Chang brought a successful motion on behalf of one of the defendants to discharge a certificate of pending litigation and dismiss an action where the motions judge agreed with Charles’s submissions and found that the plaintiff had shown disregard for the court and had abused the court’s process. In discharging the certificate of pending litigation and dismissing the action, the motions judge also found that the matter was an appropriate case for costs on a substantial indemnity basis against the plaintiff and ordered the higher scale of costs against him.
Charles Chang successfully brought a motion for sanctions against defendants in a conversion and breach of trust action for their misconduct in the action, including, without limitation, undue delay and failure to comply with the requirements under the Rules of Civil Procedure respecting discovery plans. The motions judge found that, based on the defendants’ conduct, the only appropriate remedy was to strike out the defendants’ statement of defence and counterclaim, which his Honour so ordered with costs.
Charles Chang successfully opposed a motion brought in the Ontario Superior Court of Justice for a contempt order for the defendants’ alleged failure/refusal to comply with previous documentary disclosure orders. The motions judge agreed with Charles’s arguments that there was no contempt and that any further productions order(s) would be premature until such time as the parties proceeded to examinations for discovery and dismissed the plaintiff’s motion. Charles also successfully obtained an order that the plaintiffs were restrained from bringing any further productions motions until after the completion of examinations for discovery. The motions judge also granted a significant costs order in favour of Charles’s clients.
Charles Chang successfully opposed a motion in the Ontario Superior Court of Justice for a stay of proceedings under the Arbitration Act, 1991. The defendants appealed the decision to the Court of Appeal for Ontario, but the appeal was stayed before the scheduled hearing.
Charles Chang brought a motion for security for costs against a plaintiff in an action where the plaintiff was seeking repayment of moneys that it had loaned, not to Charles’s client, but to an unrelated third party as part of a “loan sharking” scheme. Charles brought the motion after obtaining key admissions from the plaintiff during examinations for discovery. As a direct result of the motion, the action was dismissed.
Charles Chang argued a motion in the Ontario Superior Court of Justice for an injunction to enforce a contractual right-of-first-refusal involving two large pharmaceutical companies.
Charles Chang successfully argued a motion in the Ontario Superior Court of Justice for costs against a solicitor personally who had forged her client’s signature on two affidavits filed with the Court in a matrimonial proceeding.
Charles Chang successfully argued a motion in the Ontario Superior Court of Justice to set aside default judgment obtained against a general contractor in a claim under the Construction Lien Act. The motions judge granted the motion with costs.
Charles Chang successfully argued a motion in the Ontario Superior Court of Justice for an order requiring the plaintiffs to post security for the defendant’s costs in an action involving a failed business joint venture.
Charles Chang, along with counsel for other defendants in the action, successfully opposed a motion by the plaintiffs to amend the statement of claim to, among other things, add new causes of action after the applicable limitation periods had expired. The motion was dismissed with costs to the opposing defendants.
After successfully opposing a motion to compel answers to undertakings and refusals, Charles Chang obtained a cost award in favour of his defendant clients on a substantial indemnity scale in the amount of $13,700.00. In awarding those costs, the motions judge held that the plaintiffs’ conduct warranted “a special mark of disapproval from this Court”. The plaintiffs’ motion for leave to appeal from those orders was dismissed with costs, again, on a substantial indemnity basis. In awarding those costs, the judge deciding the leave motion held that the plaintiffs’ “behaviour needs correcting”.
Charles Chang successfully defended an application brought before the Human Rights Tribunal of Ontario for alleged discrimination on the basis of race, colour, creed and religion arising from the termination of the complainant’s employment. The Interim Chair of the Tribunal dismissed the complainant’s application. The complainant’s application for a reconsideration of the decision was also dismissed.
Charles Chang successfully appealed to the Workplace Safety and Insurance Appeals Tribunal for the reassessment and refund of premiums paid by the related employers under the Workplace Safety and Insurance Act in respect of its executive officers.
Charles Chang successfully defended a large new homebuilder before the Licence Appeal Tribunal on a homebuyer’s appeal from a decision of the Tarion Warranty Corporation under the Ontario New Home Warranties Plan Act.
Ontario Court of Justice
Carolyn Blocka appeared before the Ontario Court of Justice to speak to various offences under the Highway Traffic Act that were levied against a truck transportation company.