Paul E.F. Martin

Representative Client Work

• Successfully resisted leave to appeal of an interlocutory order in an application seeking to enforce municipal by-laws: Temagami (Municipality) v. Temagami Barge Limited et al., 2024 ONSC 2004 (Div. Ct.).
• Defended employee in multi-jurisdictional civil and criminal proceedings resulting from the misappropriation of trade secrets from a former employer. Successfully resisted interim injunction, obtained dismissal of criminal charge, and negotiated favourable terms of settlement with continued employment.
• Following an unsuccessful result on a summary judgment motion, the Town of Milton retained our firm to successfully overturn the decision at the Court of Appeal through reasons clarifying the law of ‘foreseeability’: Case v. Pattison, 2023 ONCA 529, with leave application by opponent to the Supreme Court of Canada denied with costs.
• Successful defence of summary judgment motion for the Town of Caledon, where Justice Trimble specifically complimented our firm for adhering to local Practice Directions where other parties had failed to do so: Vincent v. Sheard, 2022 ONSC 6046.
• In 2022, obtained an injunction, mandatory order and costs for the Town of Oakville compelling a property owner to remove, at their own expense, a commercial scale athletic facility that was constructed in breach of the Ontario Building Code and zoning by-law. (Oral decision of Justice J. Mills). 
• Successfully resisted intervenor motion at Court of Appeal: 2505243 Ontario Limited v. Princes Gates Hotel Limited Partnership, 2022 ONCA 700
• At paragraph 110 of Kawartha Lakes (City) v. Grills, 2021 ONSC 2229, a decision where our client was awarded substantial indemnity costs at the full rate requested while finding an environmental polluter in contempt of Court, the Judge noted that “Counsel for the Applicants were prepared, competent, and highly skilled litigators….All in all, the Applicant was extremely well represented by careful and competent counsel who acted with great professionalism…”
• Divisional Court grants appeal enforcing settlement against a Plaintiff in an Ontario Building Code action: Reid v. Bracebridge (Town) 2021 ONSC 791.
• In Onley v. Whitby, which was upheld on appeal (2020) ONCA 774 with leave denied by the Supreme Court of Canada, assisted in achieving a denial of liability in an occupiers’ liability trial where “foreseeability” of electrical shock was a central issue. Led the damages portion of the trial, where Court denied any assessment for economic losses.
• Counsel for the City of Toronto in the successful defence of a sidewalk slip and fall action: Swani v. City of Toronto, 2018 ONSC 7804.
• Second-chair on 3-week jury trial defending police against allegations of abuse of authority, conspiracy and Charter violations. Court denied costs to Plaintiff as he only recovered nominal award from jury: Renwick v. Durham Regional Police Service.
• Led the defence at a jury trial against economic loss claims brought by a Plaintiff who sustained a "hangman" (cervical) fracture, with past and future income losses assessed at under $10,000.00: Levshtein v. National Car Rental.
• Successfully extricated a personally named corporate director on summary judgment motion despite allegations of bad faith and fraud: Density Group v. HK Hotels, 2012 ONSC 3294.