Commercial Litigation: Process & Strategy (LAW303H1S)

This course covers distinct topics relevant to the daily practice of commercial litigation. Students will be exposed to precedent and discussion on how to exercise judgment in high-stakes file-related scenarios. The course is designed for experiential learning and allowing students to critically engage with and reflect on course materials through case studies and oral and written exercises.

Although the course focuses on commercial litigation, business organizations law is not a pre-requisite. Students will be introduced to the necessary corporate law concepts as background.

Learning Objectives

Students will:

• learn about the civil dispute resolution system in Toronto, including strategic considerations in bringing applications and actions, the use of arbitrations, and the role of the Commercial List;
• explore legal and practical considerations in bringing different types of motions and injunctions (e.g., jurisdiction motions, security for costs, receiverships, Mareva injunctions, Anton Pillar orders, etc.);
• learn about litigating contested issues in M&A transactions, including indemnity claims, limitations issues, and breaches of representations and warranties;
• explore the role of experts in the commercial litigation process; and
• develop written advocacy skills in relation to commercial disputes.

Through the above, students will gain an appreciation and understanding of common commercial causes of action and contested transactions and the various remedies available.