
Civil Law · Ontario, Canada
Lawyer · R&D LLP · Toronto
Garth prides himself on resolving disputes for his clients. His goal is to resolve matters most effectively and efficiently so that his clients can turn their focus back to running their businesses and living their lives. He works with his clients to identify their objectives early on and then strategically moves forward to press and advocate for a favourable resolution. Garth has a record of success in achieving results.
While many disputes can be resolved without the need to formally litigate a matter all the way to trial, the reality remains that not every case will settle. Garth has the advocacy skills and experience to litigate disputes all the way to trials or opposed hearings when this occurs. He has represented clients at all levels of court in Ontario (i.e. the Superior Court of Justice, the Court of Justice, Divisional Court and Court of Appeal) in a variety of different matters where he has achieved success in a number of reported decisions including precedent-setting cases.
Before co-founding R&D LLP, Garth was a partner at its predecessor firm, having previously run his own firm and practiced at a mid-sized full-service firm downtown.
• Successfully resolving a variety of complex business and shareholder disputes. • Successful results in contractual and real property disputes. • Acting for contractors and subcontractors in construction disputes recovering monies owing involving Construction Act lien remedies. Complete recovery for contractor on complex commercial project in recovering monies owing after bringing summary judgment motion and obtaining notable 2021 costs decision awarding elevated costs against owner for COVID-19 delays in payment to contractor. • Successfully acting for a purchaser of property in application for specific performance to complete purchase and sale transaction before Justice R. E. Charney in the reported decision Sivasubramaniam v. Mohammad. This was selected as a notable real estate litigation case in the Thomson Reuters Real Property Reports for 2018, cited in the Toronto Star, and cited in over 25 decisions since its release for the law which it developed in the context of obtaining specific performance for a purchaser in a rising real estate market. Completely successful in appeal of this same decision before the Ontario Court of Appeal which affirmed the result in another reported decision. • Successfully act