Practice Areas

How can we help you?

Our main areas of practice are in civil, commercial, employment, and public law litigation. Each of our lawyers are fluently bilingual in English and French. We look forward to meeting with you to determine the best solution for your legal needs.

At Caza Saikaley, we act for owners, contractors, general contractors, subcontractors, and design professionals on constructions projects of all sizes.

We act regularly in cases involving:

  • construction liens
  • allegations against design professionals such as engineers and architects
  • delay claims
  • contamination claims
  • deficiency claims
  • contractors’ claims arising from delay, scope of work and site conditions

Our firm has acted on projects ranging in size from homes to complex structures.

We understand the need to keep the litigation costs proportional with the amounts in dispute. To do so, we involve our client in every step of the action and use software to manage the large number of documents generated by any given construction project in a cost-effective way.

Construction litigation and settlement negotiations often turn on expert reports. We leverage our relationships with experts in professional liability, delay claim analysis, and loss valuation to achieve the best possible results for our clients.

Our firm has significant experience handling disputes arising from the procurement process involving municipal and federal authorities, including proceedings before the Canadian International Trade Tribunal.

The law in this area is continuously evolving. Our lawyers keep up to date on:

  • the difference between a request for proposal and a call for tenders and the impact on the obligations of tendering authorities/owners
  • the limits of a privilege clause
  • what constitutes unfair advantage
  • the interpretation of exclusion clauses in bid documents
  • the valuation of damages (loss of opportunity claims)

If you believe that you, or your client, may have been treated unfairly in a procurement process, we would be pleased to discuss your options. These may include a claim for the loss of the opportunity to be fairly considered for the project, to have your bid or proposal accepted, and to complete the work and earn a profit.

Our lawyers have developed a keen expertise in commercial litigation. Our lawyers have appeared at all levels of Court in Ontario and at the Supreme Court of Canada and have participated in a significant number of commercial arbitrations. We are up-to-date on the latest developments in contract law and we will identify and focus only on the issues that matter.

Our team acts for small family businesses, major companies and institutional clients. In approaching each case, we consider:

  • whether early mediation may be beneficial
  • whether the case lends itself to a summary procedure such as summary judgment, fast track arbitration, or references before the Master
  • whether the case is appropriate for the specialized Commercial List branch of the Superior Court of Justice in Toronto

We have experience in cases involving the following:

  • Exercise of a Termination clause
  • Duties of Good Faith and Honest Performance of Contracts
  • Sandbagging clauses
  • Exclusion clauses
  • Rules of evidence with respect to the interpretation of contracts
  • Commercial leasing
  • Mareva injunctions
  • Arbitration
  • Bankruptcy
  • Commercial appeals

We recognize that shareholder disputes, particularly in closely-held and family corporations, are difficult and stressful. A conflict between shareholders and the potential end of long-term business relationships can be devastating. Conversely, claims by a dissatisfied shareholder can cause significant disruption to the ongoing operation of the business.

Our firm’s goal is to resolve such disputes as quickly and cost-effectively as possible. We recognize that in certain cases, this may mean going to trial. As trial lawyers, we are more than up to the task.   We believe in effective resolution, not short cuts.  Should the matter proceed to trial, you can trust that we will be thoroughly prepared. We have the legal expertise to identify the best strategy and the skills to conduct effective cross-examinations.

Our firm has experience in cases involving

  • Oppression claims
  • Distinction between oppression and derivative actions
  • Entitlement and wrongful dismissal claims
  • Interim measures including injunctions, the appointment of a receiver and the appointment of interim directors
  • Summary procedures including motions for summary judgment and hybrid trials

At Caza Saikaley, our personal injury lawyers handle claims of all types, including motor vehicle accidents, slip and falls, as well as insurance disputes. We will help you navigate the complicated claims process and advocate for fair compensation for you and your family.

If you or a family member were injured by a slip, trip, or fall because of ice or snow, water, poor lighting or a hidden hazard, you may be entitled to compensation for your pain and suffering and financial loss.

It is important that you speak with a personal injury lawyer at the earliest opportunity to protect your right to compensation.

We know that our fees are out of reach for certain clients. We can discuss whether a contingency, limited retainer, or fixed fee arrangement is appropriate for your case.

In motor vehicle accident cases, you often have recourse through your own no-fault insurance benefits. These statutory accident benefits (or SABS) may be available to you without having to commence litigation.

In the event that your injuries meet the necessary threshold, you may also be entitled to sue in court for significant additional compensation.

When you are involved in a motor vehicle accident, you must report it to your insurance agent, broker, or insurance company within seven days, regardless of who is at fault. For more information, please consult the following website: www.fsco.gov.on.ca/fr/auto/brochures/pages/brochure_claims.aspx.

At Caza Saikaley, we act for victims of medical malpractice who have sustained serious injuries. We have helped clients who have suffered amputations, brain injuries, undetected brain aneurysms, spinal cord injuries, orthopedic injuries, complex chronic pain, misdiagnosed non-fatal and fatal conditions, and a wide range of other claims arising from medical errors.

We work closely with some of the top medical experts in North America to determine whether the standard of care was met by your medical practitioner. Medical malpractice litigation can be complex. If you or a member of your family has been injured, we can arrange to have your file reviewed by a qualified expert for an impartial expert opinion before we commence an action. We will work hard to ensure that you and your family obtain fair compensation for these tragic injuries and their impact on your life.

We know that our fees are out of reach for certain clients. If you believe your rights have been violated, please call us. We can discuss whether a contingency, limited retainer, or fixed fee arrangement is appropriate for your case.

We provide practical and cost-effective advice on all employment law matters. We advise both employees and employers on numerous issues including:

  • Drafting or reviewing employment contracts
  • Employee code of conduct and policy handbooks
  • Wrongful dismissals
  • Claims for breach of non-competition and non-solicitation clauses, breach of confidence and breach of fiduciary duty
  • Intrusion upon seclusion claims / breach of privacy
  • Injunctions
  • Anton Pillar Orders
  • Workplace investigations
  • Sale of business considerations
  • Human Rights Code violations

 We have experience resolving employment law disputes quickly and cost-effectively through proactive negotiation and early mediation. We also leverage Small Claims Court and Simplified Procedure and summary judgment motions to achieve results without breaking the bank.

Damage caused by a false allegation can multiply exponentially as a result of sharing on social media and comments posted online. Tweets and online comments can have a devastating impact on an individual’s or business’s reputation.   

Our firm regularly acts for plaintiffs and defendants in defamation matters arising from print, broadcast, and digital media at trial, on appeal, and before the Supreme Court of Canada.

If you have been defamed, our goal is to secure a timely retraction or apology to mitigate the damage done to your reputation and avoid the cost and inconvenience of a trial.

Defamation matters arising from print or broadcast media require quick action in order to comply with the strict timelines set out in the legislation. If you feel you have been defamed by the media in print or in a broadcast, contact a lawyer as soon as possible.

Caza Saikaley has a diverse public law practice, which includes acting for and against federal, provincial, and municipal government bodies and Crown corporations in court actions, judicial review proceedings, administrative tribunal proceedings, and arbitrations.

At its core, the function of public law and public lawyers is to ensure respect for the rule of law.  When we appear before tribunals, we take a pragmatic approach that accords with the tribunal’s policy objectives, leveraging expert evidence where appropriate.  When we are retained in judicial review proceedings, we focus on the big picture:

  • What are the policy objectives?
  • Is the tribunal interpreting its home statute?
  • Should the court defer to the tribunal’s expertise, understanding that deference involves respect for the tribunal’s reasoning and conclusions?
  • Was the judicial review applicant entitled to a fair process?
  • Was the process fair, having regard to the procedures put in place by the tribunal?
  • Should the Court exercise its discretion to award a remedy?

Public law is continually evolving.  We keep track of the latest developments and are always prepared to make a novel argument that is grounded in principle.

Our lawyers have argued judicial review application in the Divisional Court and the Court of Appeal for Ontario, the Federal Court, the Federal Court of Appeal, the Alberta Court of Queen’s Bench and the Alberta Court of Appeal.

Our lawyers have also appeared before a number of tribunals including:

  • the Agriculture, Food and Rural Affairs Appeal Tribunal
  • the Patented Medicine Prices Review Board
  • the Social Benefits Tribunal
  • the Ontario Municipal Board
  • the Board of Negotiation
  • the Consent and Capacity Board
  • the Health Professions Appeal and Review Board
  • The Human Rights Tribunal of Ontario

We are language rights advocates.  Our lawyers have been involved in some of the leading language rights cases, including Lalonde v. Ontario (the Montfort Hospital case), DesRochers v. Canada, and Thibodeau v. Air Canada. 

In Lalonde, Ronald Caza successfully argued that the Montfort Hospital was important as an institution to the survival of the Franco-Ontarian minority.  In the landmark decision of DesRochers, Ronald Caza successfully argued before the Supreme Court of Canada that services and institutions which are essential to the survival of minority communities must be offered by taking into consideration the specific needs of the members of the affected minority.

The Canadian Charter of Rights and Freedoms, the Official Languages Act, the French Language Service Act, among others, guarantee certain rights for Canada’s official language communities.  Outside of Quebec, the francophone minority enjoys linguistic rights that impact on the language of education, government services, legislation and court proceedings.

These laws grant French and English the equal status of official language and guarantee equality of use of both languages in the institutions of the Canadian parliament and government. They also guarantee members of the public the right to communicate with and to receive services from institutions of the Canadian parliament and government in the official language of their choice. This right applies to institutions located in the national capital and in any head or central office of these institutions anywhere in Canada. It also applies to any office serving a region where there is significant demand for such services and to offices whose vocation justifies the use of both official languages.

Outside of Quebec, people whose first language learned and still understood is French or who received their primary school instruction in French, have the right to have their children receive French-language education provided that the number of such individuals warrants the provision of French-language education out of public funds.

Francophones outside Quebec have the right to proceed in French in:

  • Courts created by the federal Parliament, including administrative tribunals that have quasi-judicial functions
  • Criminal proceedings
  • Most proceedings before the courts of Ontario
  • In some cases, in administrative tribunals established by the government of Ontario

We represent and advise individuals and organizations regarding their language rights and the protection of the institutions of minority communities.  Our commitment to language rights means that we are prepared to take certain cases on a pro bono basis.  Please do not hesitate to contact us.

Arbitration presents a unique opportunity for timely, confidential and cost-effective dispute resolution.  We know how to leverage that opportunity and work with opposing counsel and the arbitrator the parties have selected to craft a workable timetable and fast track process.  The primary benefit of arbitration is that parties are given autonomy over the process by which their dispute is to be decided.

A careful review of your arbitration agreement is required to understand the scope of the arbitrator’s jurisdiction including interim injunctive relief, the availability of appeal rights, and deadlines for the selection and appointment of the panel.

We have significant experience in the conduct of arbitrations and in appeals and reviews of arbitral awards.  In addition, our counsel, Michel Bastarache and Ivan Whitehall, are available to arbitrate your or your client’s dispute. 

For more than a decade, the Hon. Michel Bastarache served as a Justice of the Supreme Court of Canada, participating in 680 cases and rendering 143 rulings spanning a spectrum of matters, including those involving questions of commercial law, labour and employment, public law and administrative law.

Ivan is a member of the ADR Institute of Canada and of Ontario. He has been appointed a member of the Canadian Committee of the International Chamber of Commerce and has received certifications in arbitration and mediation.

We have significant experience in professional negligence claims.  We have represented plaintiffs in actions against their doctor, dentist, nurse, realtor, accountant, lawyer, engineer and architect, to name a few.  We also regularly represent architects, defending allegations of negligent design or contract administration.

An error in judgment is often insufficient to constitute negligence.  To succeed, a plaintiff must show that the professional failed to abide by the standard of care reasonably expected of a professional operating in that market.  We often retain expert witnesses to explain the applicable standard of care.  We have established relationships with leading professional experts in all fields which we leverage to help build your case.

Professional negligence cases require a thoughtful analysis of the scope of the professional’s retainer.  What was she hired to do?  Does the retainer agreement purport to limit her liability?  Did you disclose all relevant information to her?  Did you follow her reasonable advice?  These questions are almost always relevant to a determination of whether the professional was negligent.

If you believe you have a claim involving a professional, we would be pleased to meet with you to discuss your case.

Our team has extensive experience in appellate advocacy and has argued before

  • the Ontario Divisional Court
  • the Court of Appeal for Ontario
  • the Alberta Court of Appeal
  • the Quebec Court of Appeal
  • the Federal Court of Appeal
  • the Supreme Court of Canada

Appellate advocacy requires a different approach from trial advocacy.  We understand that appeal courts are concerned about the forest, not the trees.  Appeals are about the big picture.  While our goal is to win your appeal, the best way to do so is by identifying issues that trigger policy concerns beyond the interests of the parties to the appeal.

Appeals, first and foremost, require excellent and concise written submissions.  They require a thoughtful approach to the law and hard work.  There is no substitute for preparation.

Ivan G. Whitehall, counsel to Caza Saikaley, is one of the most experienced appellate lawyers in the country, having appeared at the Supreme Court of Canada over 30 times as well as countless times before the Federal Court of Appeal and almost all provincial courts of appeal.

In addition, a number of our lawyers are former Supreme Court of Canada law clerks and bring to their appellate work an understanding of the appellate process at its highest level as well as an appreciation of how arguments are received by the bench.

Our law clerks are experienced in the preparation, service and filing of leave applications and appeals in the Supreme Court of Canada.  They can work with you to ensure that deadlines are met and that the documents accord with the requirements of the Rules.  Should you require assistance with a matter before the Supreme Court of Canada, please do not hesitate to contact us.

In addition, many of our lawyers are experienced in appellate advocacy and are available to review your or your client’s factum and to assist in the preparation of the leave application or appeal.

Intellectual property (IP) rights are often among our clients’ most valuable business assets. Caza Saikaley is equipped to assist in resolving IP disputes in a variety of areas, including:

  • Copyright;
  • Trademark;
  • Domain name disputes;
  • Industrial design; and
  • Trade secrets

Our Team prides itself on providing commercially sensible and practical advice with a view to protecting our clients’ IP rights and defending infringement claims with equal vigor. CazaSaikaley always aims to achieve the best possible outcome for our clients by protecting their brands, confidential proprietary information and other IP assets.