Waliani LawBarrister & Solicitor

Flagship Practice

Civil Litigation. Decisive advocacy when the outcome matters.

Strategic representation in commercial disputes, contract claims, real estate litigation, mortgage enforcement and appeals before Ontario's courts.

Overview

Litigation is rarely about the courtroom alone. It is about leverage, timing and strategy — knowing when to press, when to negotiate and when to let the strength of your position speak for itself. At Waliani Law, we approach every dispute as a business problem to be solved, not merely a file to be processed.

We act for corporations, entrepreneurs, private lenders, investors and individuals across Ontario in the Superior Court of Justice, the Divisional Court and the Court of Appeal for Ontario. Whether you are pursuing a claim or defending one, we build the case from day one with the end result in mind — a favourable judgment, a strategic settlement, or the swift dismissal of an unmeritorious claim.

Our boutique structure means your matter is handled directly by senior counsel, with the responsiveness and cost discipline that large firms cannot match.

Common Legal Issues

  • A business partner or customer has breached a significant contract
  • A real estate transaction has failed to close and the deposit is in dispute
  • A borrower has defaulted on a private mortgage
  • You have been served with a statement of claim and must respond within 20 days
  • A minority shareholder is being squeezed out of a corporation
  • Assets are being moved beyond reach and you need urgent relief
  • You have received an unfavourable judgment and want to appeal

How We Help

Early Case Assessment

We evaluate the merits, quantum and enforceability of your claim or defence before significant costs are incurred, so every dollar spent on litigation is spent deliberately.

Strategic Pleadings & Motions

From injunctions to summary judgment, we use Ontario's Rules of Civil Procedure aggressively and precisely to narrow issues and create settlement pressure.

Skilled Negotiation & Mediation

Most disputes resolve before trial. We negotiate from a position of prepared strength, ensuring settlements reflect the true value of your position.

Trial & Appellate Advocacy

When trial is the right answer, we deliver meticulous preparation and persuasive courtroom advocacy — and we protect the record for appeal.

Book a Consultation

What We Do

Litigation services, end to end.

01

Commercial Litigation

Disputes arising from business relationships — broken agreements, partnership fallouts, unpaid invoices, breaches of fiduciary duty and business torts.

Common Disputes
Breach of contract, misrepresentation, breach of fiduciary duty, unjust enrichment, conspiracy, inducing breach of contract and oppression claims.
The Legal Process
Most commercial claims proceed in the Ontario Superior Court of Justice, beginning with pleadings, followed by documentary and oral discovery, mediation (mandatory in Toronto, Ottawa and Windsor), pre-trial conference and trial. Many resolve at or before mediation.
When to Contact a Lawyer
Engage counsel the moment a dispute becomes likely — before you send that email, terminate that agreement or miss a limitation period. Ontario's basic limitation period is two years from discovery of the claim.
02

Contract Disputes

Enforcement, defence and interpretation of written and oral agreements — from commercial supply contracts to agreements of purchase and sale.

Common Disputes
Non-payment, non-performance, repudiation, termination disputes, warranty claims, restrictive covenant enforcement and disputes over ambiguous terms.
The Legal Process
We begin with a rigorous review of the contract, correspondence and conduct of the parties. Depending on the amount and complexity, claims proceed in Small Claims Court (up to $50,000), or the Superior Court under simplified ($250,000 or less) or ordinary procedure.
When to Contact a Lawyer
Before you breach, terminate or accept a repudiation. The steps you take in the first days of a contract dispute often determine the outcome.
03

Real Estate Litigation

Disputes over land — failed closings, deposit disputes, title issues, boundary disputes, easements, and claims for specific performance or damages.

Common Disputes
Buyers or sellers refusing to close, misrepresentation about a property's condition, deposit forfeiture, certificate of pending litigation motions, co-ownership disputes and construction deficiencies.
The Legal Process
Real estate disputes often begin with urgent motions — a certificate of pending litigation to tie up the property, or an order for the return or forfeiture of a deposit. We move quickly to protect your position in the property itself.
When to Contact a Lawyer
Immediately upon a threatened or failed closing. Rights and remedies — including the ability to claim the deposit or seek specific performance — depend on prompt, correct action.
04

Mortgage Enforcement

Recovery remedies for lenders when borrowers default — power of sale, judicial sale, foreclosure, actions on the covenant and possession proceedings.

Common Disputes
Payment default, maturity default, failure to insure, unauthorized secondary financing, and disputes over discharge statements, priorities and surplus funds.
The Legal Process
For most Ontario private lenders, power of sale under the Mortgages Act is the fastest remedy: notice of sale after 15 days of default, a 35-day redemption period, then listing and sale. We concurrently pursue judgment on the covenant and writs of possession where required.
When to Contact a Lawyer
At the first missed payment. Early, procedurally perfect enforcement preserves priority, maximizes recovery and avoids the technical defences borrowers' counsel look for.
05

Debt Recovery

Judgment and enforcement work for businesses and individuals owed money — from demand letter to garnishment, writs of seizure and sale, and examinations in aid of execution.

Common Disputes
Unpaid loans, dishonoured cheques, unpaid invoices and accounts receivable, guarantees, and enforcement of foreign and domestic judgments.
The Legal Process
We assess collectability first — a judgment is only as good as the assets behind it. We then pursue the most cost-effective path: demand, claim, default or summary judgment, followed by garnishment, writs and debtor examinations.
When to Contact a Lawyer
Before the debtor's assets move. Fraudulent conveyance and preference remedies exist, but prevention through early action is far cheaper than unwinding transfers.
06

Construction Disputes

Claims involving construction liens, breach of trust under the Construction Act, deficiencies, delay and non-payment across the construction pyramid.

Common Disputes
Unpaid contractors and subcontractors, lien preservation and perfection, holdback disputes, deficiency claims and prompt payment adjudication.
The Legal Process
Ontario's Construction Act imposes strict timelines: liens must generally be preserved within 60 days and perfected within 90. Prompt payment rules and adjudication offer a rapid interim remedy. We act for owners, contractors and subcontractors.
When to Contact a Lawyer
The moment payment slows or deficiencies are alleged. Lien rights expire quickly and cannot be revived.
07

Shareholder & Partnership Disputes

Disputes among business owners — oppression remedy applications, derivative actions, buyout disputes, deadlock and breakups of closely held corporations.

Common Disputes
Squeeze-outs of minority shareholders, misappropriation of corporate opportunities, unauthorized compensation, breaches of shareholder agreements and valuation disputes.
The Legal Process
The oppression remedy under Ontario's Business Corporations Act is broad and flexible — courts can order buyouts, compensation or governance changes. Many disputes resolve through negotiated exits once leverage is established.
When to Contact a Lawyer
As soon as trust breaks down. Positioning — who controls the corporation, the records and the narrative — matters enormously in shareholder litigation.
08

Injunctions & Urgent Remedies

Emergency court orders that preserve assets, restrain conduct or maintain the status quo — interim, interlocutory and Mareva injunctions, and certificates of pending litigation.

Common Disputes
Freezing a defendant's assets, restraining a breach of restrictive covenant, stopping the dissipation of company funds and preserving property pending trial.
The Legal Process
Injunctions require evidence of a serious issue, irreparable harm and a favourable balance of convenience — assembled in days, not months. We prepare urgent motion records and appear on short notice, including without notice where justified.
When to Contact a Lawyer
Immediately. Injunctions are won or lost on speed and the quality of the initial evidentiary record.
09

Summary Judgment Motions

A powerful procedural tool to win — or defeat — a claim without trial where there is no genuine issue requiring one.

Common Disputes
Debt claims, guarantee enforcement, mortgage actions and disputes turning on documents rather than credibility.
The Legal Process
Since the Supreme Court's decision in Hryniak v. Mauldin, Ontario courts embrace summary judgment as a proportionate route to justice. A well-built motion record can collapse years of litigation into months.
When to Contact a Lawyer
Early — the case should be constructed from the outset with the summary judgment record in mind.
10

Appeals

Appellate advocacy before the Divisional Court and the Court of Appeal for Ontario, including motions for leave to appeal and stays pending appeal.

Common Disputes
Appeals from final judgments, interlocutory orders, summary judgment decisions and costs awards.
The Legal Process
Appeal routes and deadlines are strict — often 30 days from the order. Appellate work is a distinct craft: identifying extractable legal error, perfecting the record and delivering precise written and oral argument.
When to Contact a Lawyer
The day the decision is released. Preserving appeal rights, obtaining stays and ordering transcripts are all time-sensitive.

Client Experiences

Results our clients talk about.

A contract dispute threatened everything we had built. They saw the leverage points we couldn't, moved for summary judgment, and resolved in months what our previous counsel said would take years.

K. Osei

Business Owner, Mississauga

Frequently Asked Questions

Answers, in plain language.

A straightforward Superior Court action typically takes 18 months to 3 years to reach trial, though the vast majority of cases settle earlier — often at mediation. Simplified procedure claims (up to $250,000) and summary judgment motions can compress that timeline significantly. We design a strategy around your commercial timeline, not the court's default pace.

Speak With a Litigation Lawyer

The right time to get advice is now.

Deadlines, evidence and leverage all favour the party who acts first. Book a confidential consultation and know exactly where you stand.