Civil and Commercial Litigation

Civil and commercial litigation is at the heart of this growing practice.  Thomas Mathews represents both individuals and businesses in their civil and commercial litigation proceedings before all levels of courts, throughout both Ontario and Quebec.

Thomas has litigated before the Toronto Commercial List, where some of Canada’s most complex commercial cases are heard.  He has a strong interest in securities litigation, competition law (cartels, price fixing), and shareholder disputes.

Not afraid of a big fight, Thomas has taken on and succeeded for his clients against both government regulators and large private institutions.  He appreciates clients who are not willing to bend to authority and challenge government institutions, regulators, and private institutions when they overstep their authority (which happens more often than you think!).

Furthermore, criminal charges often lead to related proceedings in the civil arena: this is where having a broad practice in civil, commercial, and criminal law pays off.

Thomas has acted for clients, whom after defeating criminal charges, have sued the police for negligent investigation and malicious prosecution, among other torts.

As some clients need help with claims worth less than $25,000, Thomas represents clients in Small Claims Court, always being mindful of the total amount at stake, and the need to keep legal fees to a minimum.

Areas of Practice:

  • Securities Litigation
  • Shareholder, Partnership and Contract Disputes
  • Competition Law
  • Fraud
  • Regulatory Law
  • Construction Litigation
  • Suing the Police
  • Investigations
  • Director & Officer Liability
  • Estate Litigation
  • Small Claims

Past and Current Cases:

  • Obtained a favourable settlement for a client suing a Schedule 1 Bank.  The corporation was suing the bank for negligence and breach of contractual obligations in relation to losses stemming from corporate fraud.
  • Obtained $5000 in punitive damages against a lawyer that had twice threatened a client with criminal prosecution, thereby committing criminal acts of extortion.  In addition to judgment under contract, the trial judge ruled that the lawyer’s conduct was unacceptable and offended the court’s sense of decency, meriting an award of punitive damages.  The ruling was upheld on appeal at the Divisional Court.
  • Obtained the dismissal of a long-running personal injury action against a client.  The court, in balancing the principles of deciding civil actions on their merits and resolving civil actions within a reasonable time frame, ruled that the delay in prosecuting this action was sufficiently severe and unexplained.  As the defendant client was entitled to move on with his life and have finality in this litigation, the court dismissed the motion to restore the action to the trial list and dismissed the action.
  • Acting for a corporate client suing a former employee and her family for theft in the six-figures, occurring over a multi-year period.  Along with the civil action, Thomas aided the client in having criminal charges laid against the former employee.

Testimonials:

“Thomas has represented me in both civil and criminal proceedings. His professionalism and legal knowledge are beyond reproach. My cases were complex and Thomas’ thoroughness leading up to trial and skill in the courtroom were invaluable. I recommend his services to whomever is seeking ardent and comprehensive counsel on complicated matters.”Client who wishes to remain anonymous

“Thomas Mathews is a lawyer that fiercely advocates for his clients, going above and beyond by providing innovative ideas that will allow for the best possible outcome on any matter. I have retained Thomas Mathews on a number of matters and this is the first time that I have absolute confidence in the abilities of someone in the legal profession. Mr. Mathews, along with presenting himself in a professional manner, also handles each case with empathy, understanding, and a wealth of knowledge. I have referred other individuals to his firm and their outcomes have been successful. I will continue to refer anyone in need of legal services.”Client N.S.

“Thomas Mathews is presently my lawyer and I can say that I believe in his abilities 100% as a lawyer and an individual who genuinely has compassion and cares for his client’s rights and legal case. When no one wanted to take my case, he was the only lawyer that was willing to assist me and was very understanding of my plight. Mr. Mathews has always presented himself in a courteous and professional manner and would be a strong advocate for any client. I highly recommend his services to any potential new clients.”Client L.G.