Proven Courtroom Advocates · Offices in Toronto, Huntsville and Bowmanville

Topic

Civil Litigation

Civil Litigation & Appellate Advocacy

The firm’s core practice: resolving disputes through the civil courts, from pleadings and motions through trial and appeal.

Navy Davidson Cahill Morrison LLP case comment card reading "Kamlu Engineering v 2502301 Ontario Inc" with the subtitle "A board-less corporation lacks the capacity to sue", from dcmlaw.ca.

Kamlu v 2502301 Ontario Inc: Why a Board-Less Corporation Cannot Litigate

In Kamlu v 2502301 Ontario Inc, the Ontario Superior Court dismissed an action as a nullity after the defence discovered the plaintiff corporation had operated for years with no valid board of directors, its sole directing mind an undischarged bankrupt. Justice Chiappetta held that an officer’s authority cannot outlive the board, and that a trustee’s silence is not ratification. A cautionary tale on corporate governance and the capacity to litigate.

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Legal case banner on dark blue background: firm name on the left, case comment label on the right, large title Chippewas v Sexton’s Mechanical Limited with subtitle about builder’s risk and subrogation

The Contract Strikes Back: How a Breach of Builder’s Risk Obligations Defeated a Subrogated Claim

A subrogating insurer steps into its insured’s shoes, and inherits its insured’s contractual breaches along the way. In Chippewas v Sexton’s Mechanical Limited, the owner cancelled the required builder’s risk policy before occupancy and before the loss. On summary judgment, the subrogated claim was dismissed. A cautionary read for insurers and contractors alike.

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Navy and gold title card reading "The 2026 OTLA Cup, Supporting the next generation of Ontario trial lawyers," with the Davidson Cahill Morrison LLP name and the green OTLA logo, from dcmlaw.ca.

Davidson Cahill Morrison LLP Sponsors the 2026 OTLA Cup

Davidson Cahill Morrison LLP was proud to sponsor the 2026 OTLA Cup, held March 5 at the Hamilton Superior Court of Justice. Ontario law students argued a layered negligence trial arising from a residential gas explosion, before a three-judge panel. Congratulations to this year’s award winners.

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Exterior of Osgoode Hall

Welcome Changes to the Rules of Civil Procedure

“Justice delayed is justice denied.” Few principles are repeated more often, yet civil cases in Ontario routinely take more than five years to reach trial. The Civil Rules Review, launched by the Attorney General and the Chief Justice, released its Phase 2 Consultation Paper in April 2025 with proposals to make civil proceedings faster, more affordable, and more accessible. A look at what the changes could mean for plaintiffs and defendants alike.

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Court Awards Costs of $195,000 After Two Day Motion

Court Awards Costs of $195,000 After Two Day Motion

The defence was universally successful on a hard-fought set of motions in Avedian v Enbridge Gas Distribution, including the plaintiff’s bids to strike the defences and to recuse the trial judge. The court awarded $195,000 in costs, well above the usual range for a motion, and its reasons are a clear reminder of the price unnecessary and tactical motions impose on clients and the court.

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Personal in a wheelchair with the title of the blog post

How Long Does A Personal Injury Lawsuit Take To Settle?

One of the most common questions injured clients ask is how long their case will take to settle. This post walks through every stage of a personal injury or medical malpractice lawsuit, from investigation and pleadings through discoveries, expert reports, mediation, pre-trial, and trial, with a realistic time estimate for each.

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Navy Davidson Cahill Morrison LLP feature card titled "Statutory Third Parties" with the subhead "When an insurer joins after denying coverage" and a circular headshot of Jim Davidson, Insurance Litigation Lawyer.

A Lawyer’s Guide to Statutory Third Parties

Statutory third parties are one of the trickier corners of Ontario automobile insurance litigation. This practitioner’s guide explains s. 258(14) of the Insurance Act: when an insurer can add itself as a statutory third party after denying coverage, how other parties can challenge that step, and the potential for prejudice to the at-fault defendant.

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A jury box

The Importance of Keeping Civil Juries in Ontario

Calls to abolish Ontario’s civil juries resurface from time to time, usually on the argument that they are slow, costly, or biased. This article makes the case for keeping them, explaining how juries check judicial bias, bring public participation and diversity to the justice system, and why the common arguments against them do not hold up.

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