I personally welcome you to our firm and I invite you to browse our site.

As I enter my 18th year of service, I am most proud of the team I have assembled.  We have knowledgeable, energetic, and experienced lawyers and staff who want nothing more than to achieve results for our clients.

Our mission is to resolve disputes where possible and,  if necessary, to advocate on behalf of our clients through formal proceedings (litigation).  This is who we are and it is at the very heart of what we do.

Our record speaks for itself. 

Rest assured that your matter is in good hands.  In recognition of my extensive litigation experience and motion, trial, and appeal performances, the Law Society of Ontario has designated me as a Certified Specialist in Civil Litigation, a distinction reserved for the top litigators.  Very few lawyers are permitted to refer to themselves as Specialists (in fact, less than 0.5% of Ontario’s 55,000 lawyers are permitted to refer to themselves as civil litigation specialists).

We have experience handling and resolving thousands Claims, Defences, and Appeals including those involving:

 

Contract Disputes

Commercial Landlord and Tenant Disputes 

Partnership Disputes 

Shareholder Disputes 

Contractor/Construction Disputes 

Defamation Claims and Defences 

Professional Liability and Negligence Claims and Defences 

 

Feel free to browse our reported cases section which includes many, but not all, of our trial and appeal wins over the past 18 years.

Our clients also speak for us.  Feel free to browse our testimonials section which includes a sampling of the positive ratings and reviews we have received.

We abide by the three “P”s of Paynelaw:  Preparation, Professionalism, and Perseverance.

When selecting a law firm to represent you in negotiations, or when escalating a dispute by way of formal proceedings, you should always ensure that your chosen firm has vast trial and appeal experience over many years.  Just as important, you should ensure that the prospective firm has maintained an impressive record of successes at trial and on appeal (beyond ‘sales talk’, these cases should be widely and publicly reported).  While each case is unique, a civil litigation lawyer’s proven ability to win is a very important consideration in negotiations and in formal litigation.

Having counsel that has a proven track record in formal proceedings can provide you with important leverage in negotiations.  When considering a law firm to represent you, you should also consider the satisfaction of other firm clients.  As the majority of cases do settle prior to formal hearing (99% of our cases without requiring adjudication), you should also ensure that those results are just as impressive as the firm’s trial and appeal record (if not more so).

In some cases, a client may want to take a case to trial or appeal, even though it appears to be a risky proposition (for example, for public policy reasons such as encouraging the government to change legislation, etc.)  While such cases do arise, it is important that you understand what your prospects are before moving forward with any formal steps.  An important part of the solicitor-client relationship is ensuring that you are fully informed about the process.

Each case requires a strategy.  Make sure your strategy is backed by a proven track record.

Yan David Payne, Certified Specialist in Civil Litigation

Barrister and Solicitor


WHAT CAN WE HELP YOU WITH?

All of our lawyers are experienced researchers, negotiators, and litigators.  Payne Law lawyers have been retained to lead a variety of litigation cases and each of us has particular areas of focus.  Our lawyers have represented clients through contentious estate litigation, defamation actions, partnership and shareholder disputes, commercial transactions gone wrong, real estate litigation, negligence, professional liability (suing a lawyer or accountant), construction lien matters, wrongful and constructive dismissal matters, residential and commercial leasing/tenancy disputes, tax appeals, and complex civil appeal proceedings, among many others.

The consistent focus of our practice is dispute resolution.  Over 98% of our cases settle well ahead of trial.  Where an acceptable settlement cannot be reached, our lawyers thrive in trial and appeal settings.

The courts have various specialized divisions  in terms of both substantive law and monetary jurisdiction.  In many disputes, a client may have various alternative options available to prosecute their claim through court or through one or more of various specialized tribunals.  If you are not careful, you may inadvertently choose a process that could have the effect of waiving your rights to even greater damages and other relief.  In other cases, a  client may have the option of prosecuting their claim simultaneously with two or more processes.

Courts and tribunals often have different procedures with varying deadlines and different rules dealing with the admissibility of evidence.  Finally, some courts, such as the Superior Court of Justice, will have alternate internal procedural rules depending on such factors as the monetary award being claimed.

Although some clients will retain a counsel well in advance of any dispute with the aim of avoiding potential liability, most will retain a lawyer when they decide to sue or when they are being sued.  Your lawyer should assist you in canvassing solutions out of court, including finding common ground for a settlement.  Early settlements can be beneficial to both sides in that they save time and expense and take risk out of the equation.  Prior to commencing any proceedings, you should discuss with your lawyer all of the procedural stages involved in your case from filing your pleadings through to formal hearing and onto enforcement of your Judgement.  It is especially important to discuss strategy with your lawyer and to ensure that you agree with his or her approach to resolving your dispute.

 

The above does not constitute legal advice and is for information only.  Should you require legal advice, please contact us directly.

Past results are not necessarily indicative of future results.  The amount recovered and other litigation outcomes will vary according to the facts in individual cases.  Please speak with us about the facts of your case.

 

Certified Civil Litigation Specialist, Commercial Litigator

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