Toronto, Ontario Civil Litigation

Whatever type of representation you require, Atkinson Law will invest our personal time and attention to ensure a winning strategy with cost effective results.

Construction Liens

A construction lien is a claim made against a property by a contractor or other professionals who have supplied labour or materials for work on that property. When registered on title to a property, a construction lien gives the claimant the benefit of protection for unpaid services or materials that were supplied for an improvement to the property. The lien can only be discharged by order of the court, often on terms protecting the claimant, or by agreement of the parties.

The lawyers at our law firm have experience acting for property owners, general contractors and trades on lien claims. On behalf of property owners, we have successfully challenged the validity of construction liens as well as the timing of the registration of construction liens. Atkinson Law has also assisted in obtaining the recovery for trades and contractors who have had to register construction liens to coerce payment of their unsettled accounts.

Real Estate Disputes

There are various reasons for real estate disputes to arise. Atkinson Law has assisted clients with numerous reasons for claims, such as breached purchase and sale agreements, situations where buyers were not made aware of defects to a property and disputes with neighbours requiring legal intervention. Many of the cases we handle involve claims for specific performance, the registration of certificates of pending litigation, as well as claims for damages.

Our firm has considerable experience attending court for disputes arising from certificates of litigation as well as injunctions concerning real property. We know and understand the importance of tying up a property or resisting having your property tied up expeditiously.

Commercial Tenancy Disputes

The legal framework governing commercial tenancy disputes such as leases of offices, warehouses, production facilities, and other business premises are governed by different laws than that of residential tenancies. Commercial leases require a thorough review and understanding of the applicable provisions of the lease and knowledge of applicable case law relating to relief from forfeiture and other legal principles that impact both landlords and tenants.

Our firm has extensive experience acting on behalf of both commercial tenants as well as landlords in litigating commercial lease disputes. We are qualified in dealing with evictions, relief from forfeiture and damages, cases involving breaches of a lease, and many other landlord/tenant disputes.

Breach of Contract

Breaches of obligation give rise to the breach of contract claims. The obligation might be expressly contained in an agreement otherwise could be implied from other terms of the agreement. These agreements could be in writing or could even be verbal and can give rise to a claim for damages, injunctive or other relief including specific performance.

Atkinson Law handles litigation arising from all varieties of contractual breaches. We have ample experience litigating breach of contracts concerning commercial contracts, employment contracts, contracts for the sale of land, breaches of verbal agreements and many others.

Debt Collection

Obtaining a judgment is often not the end of litigation. Judgment debtors unwilling to abide by court orders can add significant expense and delay to creditors looking to enforce their rights. Creditors then have to look to force debtors to pay by employing debt collection techniques.

Our Toronto law firm is experienced in debt collection and taking the steps necessary to force debtors to pay. Our steps in debt collection are to enforce judgments including conducting examinations in aid of execution (judgment/debtor examinations), obtaining writs of seizure and sale as well as garnishing bank accounts and salaries.

Mortgage Litigation and Enforcement

It is often required to commence litigation in order to enforce a creditor’s rights. Whether the matter involves a mortgage, promissory note or other debt, Atkinson law provides knowledgeable, professional and effective skills to pursue our clients’ rights.

We regularly act for both mortgagees and mortgagors in an effort to protect their property and ensure their rights are defended. We are very familiar with the issues and the challenges that both creditors and debtors face and we can provide assistance from all angles.

Whether you are dealing with a recent default and need to know your options, or you are a sophisticated lender looking to pursue possession and judgment, Atkinson Law has the experience and expertise to provide effective and seamless legal service.