Nelligan O’Brien Payne LLP is one of the leading litigation law firms in Ottawa. Our Commercial Litigation Group has the depth of experience to assist you in any kind of business conflict or commercial dispute.

Toronto Neighbourhood Heats Up Over Copyright Battle

October 13, 2017
Blog Post

Copyright can apply to a wide variety of creative works. This includes sculpture, paintings and architectural work. An architect generally maintains the copyright in architectural designs unless those designs were developed for a client under the explicit understanding that the client owns the architect’s work product. But what happens when a newly built house appears to bear the exact same design as another house in the same neighbourhood?

End of the Construction Gridlock – Anticipated Legislative Changes

August 18, 2017
Blog Post

The long-awaited overhaul of the Construction Lien Act (“the Act”) is expected to happen soon. Here is what you need to know. On May 31, 2017, the Ontario government introduced Bill 142, which seeks to modernize the Act. If passed, the Bill will bring long-sought reforms to the construction industry.

Ontario Announces Tarion Reform

April 25, 2017
Blog Post

On Tuesday March 28, 2017, the Ontario government announced that it will be relieving Tarion of its responsibility to regulate the province’s home builders. The announcement came following the release of a Final Report by the Honourable J. Douglas Cunningham Q.C. In November 2015, Ontario’s Minister of Government and Consumer Services appointed Justice Cunningham to make recommendations regarding Tarion and the new home warranty program.

Droning On: New Rules for Recreational Drone Users

March 21, 2017
Blog Post

On March 16th, 2017, Transport Minister Marc Garneau announced new rules governing the use of recreational drones. Drones weighing more than 250 grams and up to 35 kilograms may be flown without special permission from Transport Canada, but there are now new rules dictating where they can fly.

Enforcing Forum Selection Clauses – How to avoid litigating where you litigate

November 14, 2016
Blog Post

Many commercial contracts contain a “forum selection clause”. This sets out the court and country that will have jurisdiction over any litigation that may result from a contractual dispute. If a party commences a legal proceeding in a different forum than the one set out in the contract, the other party may attempt to stay the proceedings and enforce the forum selection clause.

To Arbitrate or Litigate, that is the Question

October 17, 2016
Blog Post

Many potential commercial litigants have been looking for a more efficient system through which to resolve disputes. For better or worse, arbitration clauses have become the go-to mechanism of conflict resolution adopted in many commercial agreements.

Court of Appeal Keeps It Rolling

April 18, 2016
Blog Post

The Ontario Court of Appeal has recently provided important guidance in terms of when a claim is discovered for limitations purposes in the context of a continuing breach of contract.