Debt Recovery

Bank of China v Shah and Summary Judgment: When Is a Full Trial Not Needed for a Debt Claim? Summary judgment – an expedited form of trial to reach a decision – is often employed by lawyers to avoid unnecessarily prolonged litigation. The main qualification for summary judgment is “no genuine issue requiring a trial,”...Read More

When Fraud Demands Disclosure: Norwich Orders and Rule 30.10 In Ontario, it is common for courts to order individuals or organizations, who are not directly involved in a dispute, to produce records such as text messages, emails, or financial records. These orders are often sought when a party suspects that fraud has taken place. These...Read More

Intro to Rule 45.02 and Specific Fund When a litigant’s right to a “specific fund” – an identifiable pool of money such as a bank account, sale proceeds, or lottery winnings – is at issue, the long court proceedings can be frustrating. This goes beyond mere inconvenience if there is a reasonable fear that the...Read More

Imagine a scenario: after years in the civil litigation system, your trial finally concludes. A few months later, you discover that you won your case. Congratulations! You won the right to exclusive possession of your investment property; the court has confirmed you are the legal and beneficial owner. What’s more, you won the right to...Read More

Pursuing a case in Court requires thorough planning and research to avoid potential pitfalls. Unfortunately, many may fall victim to deceit and may end up pursuing a contractor dispute case, fraud litigation case or even a debt recovery case in Court. In Ontario, the Court provides a relatively streamlined process for resolving disputes. Nevertheless, it’s...Read More

In July of 2022, Walker Law was successful in obtaining a worldwide Mareva injunction on behalf of its client for $33 million dollars. A copy of that decision is here. A Mareva injunction is a rare and extremely difficult form of injunctive to obtain. If granted, this relief freezes the assets of the recipient, which...Read More

In Ontario, generally speaking, a party has two years to sue from the date they discovered a wrong. This is called a claim. A claim is considered discovered, for the purposes of starting a lawsuit, on the day on which the person knew that: (1) An injury or damages occurred (2) it was caused by...Read More

When many people start a lawsuit, the end goal is getting to trial and obtaining a judgment against the other party. However, what many litigants do not consider is that a judgment is only a piece of paper.Read More

Suppose you’ve sued someone, you’ve won the trial and the judge has ordered the person you sued, now called the judgment debtor, to pay damages to you. What happens next? How do you get the money you are owed?Read More