Elliot Birnboim
The biggest compliment that I get from clients is: “Hey, I never thought of that before”. It means I am giving the client creative thinking in ways they did not expect and delivering exactly the value-add I try to bring to the litigation process.
CONTACT
416-644-9970
BIO
Elliot provides practical litigation advice for clients in commercial disputes. He focuses on bringing to the table creative solutions for debt enforcement, shareholder and partnership disputes and other commercial issues. Elliot’s practice also includes advising real estate investors and developers on some of the most challenging problems in an increasingly competitive market.
Several of Elliot’s cases are leading decisions and are frequently cited authorities. His recent decisions have included the very first decision by the Court of Appeal addressing the recent Arthur Wishart Act and the contractual duties of “good faith” between franchisors and franchisees that arise from that Act. He has successfully argued leading cases in insurance law, corporate law, estate law and civil procedure. Many of these decisions have arisen after successful argument before the Courts of Appeal in Ontario and other jurisdictions.
Elliot has also developed a unique and specialized practice area now known as “Strategic Receivable Management” – helping businesses dramatically improve their recovery of trade receivables and the timing of the collection cycle.
Elliot also counsels high net-worth clients in divorce law and marriage/cohabitation agreements. His extensive experience in commercial and business litigation has greatly assisted his clients, many of whom are (spouse’s of) business owners in ensuring an appropriate determination of income and value in business interests – crucial issues in many divorce cases.
Family law and the divorce dynamic create discreet issues of priority, creditor remedies and trust claims in an insolvency, particularly in this challenging economy. Elliot draws on his extensive experience in both business and family law issues to act in the complex area of “bankruptcy and divorce”.
Elliot also has the distinction of having achieved the highest interim spousal support award for a client in Manitoba history as well as successfully arguing the recent ground-breaking Ontario case dealing with obesity and child custody.
Elliot is the co-author of several legal publications including the Annotated Corporate Laws of Canada and Ontario and the Ontario Family Legislation. His insights are frequently sought after by print publications including National Post, Ottawa Citizen, Lawyers Weekly and Law Times, as well as for radio broadcasts.
Elliot has held positions as an Executive of the Canadian Bar Association and an instructor for the Law Society of Upper Canada’s Bar Admission Course. He completed his LL.B. at Osgoode Hall Law School and was called to the Ontario Bar in 1992.
Bar Admission:
- Ontario, 1992
Education:
- LL.B. at Osgoode Hall Law School
REPRESENTATIVE WORK
- Successful settlement of substantial equalization with complex issues of business valuation and family trust interests
- Successful trial and appeal in complex custody case where medical treatment for childhood obesity in issue.
- Successful motion yielding highest interim spousal support award in Province of Manitoba history following analysis of family trust and business issues giving rise to imputation of income.
- Successful trial for the imputation of income for child/spousal support purposes in case where spouse’s income derived exclusively from gifts.
- Successful trial and hearing at Court of Appeal in respect of imputation of income for child/spousal support purpose and claim to joint family venture and constructive trust in complex claims by common law spouse.
- Litigation and recovery of investment on behalf of Private Equity / Merchant Banker from group of companies engaged in managing Labour-Sponsored Fund.
- Successful litigation and settlement on behalf of Creditor/Investor of $1.6million debt by (alleged insolvent) debtor/manager of development portfolio
- Successful arbitration on behalf of minority shareholder resulting in forcing majority/manager to buy-out of 1/3rd Shareholder from real estate management and development company for $70+ million.
- Defeated a motion seeking to add a company’s director to an existing multi-party employment claim for disclosing no reasonable cause of action in oppression
- Claim by 50% Partner and Lender against managing partners to disgorge share of $300million real estate company and recovery of investment.
- Successful injunction and ultimate defence on behalf of Equipment Finance Company to demand by 2nd Tier Lender on $60million operating line. Demand withdrawn and debt favourably re-negotiated.
- Successful appeal to establish spousal status for individual involved in long term extra-marital affair.
- Successful trial and defence of appeal of landmark Joint Family Venture claim by common law spouse
- Successful settlement in mediation by owner against 15 parties seeking to enforce construction lien rights.
- Successful arbitration for the extrication of a minority interest in multi-generational real estate holdings in the GTA.
- Successful trial for the granting of easements and shared facilities as between two adjoining high-rise multi-residential properties.
- Successful trial granting specific performance of real estate designated for commercial development purposes with significant abatement of purchase price.