Litigation
   
     
 

Litigation

Businesses need to make money. They cannot allow themselves to be distracted by litigation instead of focusing on positive business development. At The Muscovitch Law Firm we clear your desk of litigation files and put them on ours. We then smartly and professionally represent your interests until we obtain the best possible result.

We represent both small and large corporate clients in numerous fields of business such as; Advertising, Medical Technology, Internet Gaming, Software Development, Hospitality, Travel, E-Commerce, Healthcare, Customer Service, Retail, Distribution, Transportation, Real Estate Development, and Trades.

We represent both plaintiffs and defendants in the Ontario Superior Court of Justice, the Ontario Court of Appeal, the Federal Court of Canada, and the Federal Court of Appeal.

From Small Businesses to Public Corporations – We Deliver Results.

IP and I.T. Litigation

We have developed a strong reputation in Intellectual Property and Information Technology Litigation. As a boutique firm, we regularly go up against much larger and more expensive law firms across Canada – and win. We win because we move more quickly, efficiently, and take cases that have merit but need smart representation. We handle trademark disputes, patent disputes, domain name disputes, and copyright disputes in the Ontario Superior Court of Justice, the Federal Court of Canada, the Trademarks Opposition Board, the WIPO, the National Arbitration Forum (NAF), the British Columbia International Commercial Arbitration Centre (BCICAC), and Resolution Canada. We have particular expertise where trademark and copyright law intersect with the Internet, but also represent parties in traditional trademark expungement proceedings, literary copyright disputes, and patent disputes. Depending on the case, we can obtain or defend against an injunction, or seek or defend against damages for infringement and passing off.

Wrongful Dismissal

We act for employees who have been wrongfully dismissed by their employer. If you have been laid off or fired recently, and believe that you may have lost your job for an unlawful reason you may have a right to bring a claim for wrongful dismissal against your former employer. You will need an experienced Toronto employment lawyer. Legal remedies that may be available to you include money damages and, if you haven't been officially released yet, negotiation for an appropriate severance package that includes adequate compensation. We know how traumatic it is when an employee is dismissed, especially after lengthy and loyal service, for no good reason. We provide smart, professional, and comforting advice and legal representation to protect your rights. We also act for employers who face a claim for wrongful dismissal by a former employee. We can guide you on how to settle or defend such a claim in the most efficient way possible.

Academic Offences

We have considerable experience in representing students who are facing or have already been charged with an “Academic Offence”, such as cheating or plagiarism. We can guide you through the academic discipline process at schools such as the University of Toronto, York University, and Ryerson University. We can mount a vigorous defense or try to settle the charges on the most favourable basis possible in the circumstances. Being charged with an academic offense is very scary for students and their parents, and expert advice is necessary in order to manage the threat of expulsion, suspension, or other sanction.

Collections

If your business is owed money, we can help you get it. We may start with a demand letter or with a lawsuit – we find the right tool for the job. We put the pressure on the debtor.

We represent both small business and large corporations who have outstanding invoices, unpaid contracts, billing disputes, and money owing. We represent both plaintiffs and defendants in the Ontario Superior Court of Justice.

We employ various investigation techniques and hire outside professionals to assist us with locating debtors and their assets – whether they are in Canada or are abroad.

We don’t stop once we obtain judgment. We can pursue debtors to properly enforce judgments against them so that we can actually recover the money owed to you.

Negligence

Negligence comes in many forms. There is professional negligence, such as the negligence of, for example, a doctor, dentist, lawyer, real estate agent, or stockbroker. There are accidents such as workplace accidents, car accidents, and slip and falls. There are defects such as with products and with services. Whatever the type of negligence, we are prepared to smartly and professionally represent your interests against the negligent party.

We represent both plaintiffs and defendants in all types of negligence actions in the Ontario Superior Court of Justice.

We offer free consultations in all negligence cases and some cases may qualify for a contingency agreement, i.e. you don’t pay unless we win and we get the insurance company to pay legal fees.

Class Actions

A Class Action involves a lawsuit against one defendant by many plaintiffs, who may not even know each other. A good example is where hundreds of people were injured by the same pharmaceutical product, but Class Actions can involve any kind of “mass tort”.

A Class Action is commenced by a lawyer on behalf of a “representative plaintiff”. A representative plaintiff is an individual who has suffered damages and is representative of the rest of people who have suffered damages. The rest of the people can become members of the “class” of plaintiffs who are represented by the representative plaintiff.

We represent both Representative Plaintiffs and Members of the Class. Contact us for a free consultation. Often no legal fees will be payable for Class Actions, as we are prepared to work on a contingency fee basis.

Real Estate Litigation

We represent both plaintiffs and defendants in property disputes, boundary disputes, agreements of purchase and sale, defective homes and properties, joint venture agreements, breaches of contract, and misrepresentation.

Domain Name Disputes

We have handled more contentious domain name disputes than any other law firm in the country and have set more precedents in this area of law than any other law firm in the country. We are recognized world-wide as leaders in this field and have the record to prove it. We regularly appear before the Ontario Superior Court of Justice, the Federal Court of Canada, the Trademarks Opposition Board, the World Intellectual Property Organization (WIPO), the National Arbitration Forum (NAF), the British Columbia International Commercial Arbitration Centre (BCICAC), and Resolution Canada in Canadian Internet Registration Authority (CIRA) and the Internet Corporation for Assigned Names and Numbers (ICANN) domain name disputes and appeals.

Zak Muscovitch was lead defense counsel in Toronto.com v. Sinclair c.o.b. Friendship Enterprises (2000), wherein he successfully defended against the first attempt in Federal Court to obtain an interlocutory injunction against a domain name registrant. Zak Muscovitch was lead defense counsel in Easthaven, Ltd. v. Nutrisystem.com Inc. (2001), the first decision in Canada to establish the convenient forum for international domain name disputes involving a Canadian domain name registrar. Zak Muscovitch was instructing counsel for the registrant of the defendant domain name in Heathmount A.E. Corp. v. Technodome.com (2002), which was the first in rem decision under the US Anti-Cybersquatting Protection Act and was successfully challenged on the basis of jurisdiction. Zak Muscovitch was the successful Applicant’s counsel in Black v. Molson (CANADIAN.BIZ), the first ICANN appeal in Canada.

Zak Muscovitch has represented numerous clients from countries such as Sri Lanka, China, England, Australia, United States, Belgium, South Africa, Korea, and Canada, in over 40 ICANN domain name disputes. Zak represented the registrant of SHOES.BIZ in the first “.biz” case involving an instance of Reverse Domain Name Hijacking (2002). Zak Muscovitch represented the registrant in the first successful challenge of a CIRA Complaint over the domain name, CHEAPTICKETS.CA (2003).

We represent both domain name registrants and trademark registrants. We love domain name disputes. Contact us for a free consultation.

 
 

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Muscovitch
Law Firm

446 Eglinton Avenue West, Toronto, ON M5N 1A5
TEL: (416) 924-5084 - FAX: (416) 920-6306

   
       
 
 
 
 

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