H. Richard Bennett
Partner
Richard’s commercial litigation practice is all about finding real solutions for people with real legal problems. Whether the case involves contract, corporate, employment, bankruptcy, real estate, defamation, construction, securities or wills and estate disputes, Richard is up for the practical and intellectual challenge. He meticulously prepares for the unexpected and is always ready to find unique remedies to client problems. Whether acting for individuals, private and public corporations, or financial institutions, Richard genuinely cares, is ready to help and is accessible to his clients. Around the firm, Richard is known as a bit of a rock star for his very practical sense of the timing and strategy of litigation. Drawing upon the same patience and eye for detail that makes for creating a number one hit, Richard takes the time to carefully explain to his clients the legal process involved and the options open to them. Whereas many other lawyers want to immediately leap to a cookie-cutter solution, not Richard. He thoughtfully considers a client’s particular legal or business problem from all angles before recommending and executing a tailored and practical gameplan. As your trusted advocate, Richard has your back covered and your best interests at heart. When he’s not advocating for his clients, Richard can be found maneuvering on the golf course, banging on the drums, or preparing one of his legendary pies.
Expertise
- Complex commercial litigation
- Corporate and shareholder disputes
- Employment litigation
- Real estate and estate litigation
- Construction litigation
- Bankruptcy and Insolvency litigation
Representative cases
- Colenbrander v. Savaria Corp., 2016 ONSC 441 – summary judgment awarded to plaintiff on options agreement, defendant breached duty of good faith
- Whirlpool Canada Inc. v. Chavila Holdings Ltd., [2015] ONSC 2080 – guarantor of contamination to land transaction successful on intervention motion
- Kiki Kapalua Inc. v. 1203840 Ontario Ltd., [2014] ONSC 6298 – landlord awarded unpaid rent at trial under commercial lease, counterclaim for damages dismissed
- Re: Symcor Inc. and Russell, (2014) Carswell Nat 2249 – employee rights to unpaid wages upheld on appeal under Canada Labour Code
- Mackenzie v. Country Drug Stores Ltd., (2013) ONSC 1090 – plaintiff allowed to claim psychiatric injury and business losses arising out of the death of her pet
- Quick Credit v. 1575463 Ontario Inc., [2010] ONSC 7227; upheld on appeal [2012] ONCA 221 – claim on guarantee successful on summary judgment and on appeal
- Laker Leasing Ltd. v. 1191356 Ontario Ltd., (2000) O.J. No. 1646 (Sup. Ct.); upheld on appeal (2002) O.J. No. 971 (Div. Ct.) – damages for breach of leasing contract awarded at trial and upheld on appeal, defendant careless and no defence of mistake or misrepresentation
- Bank of Montreal v. Maple City Ford, [2000] 51 O.R. (3d) 523 (Sup. Ct.) – issue estoppel does not prevent principal guarantors of bankrupt company from advancing claims at trial
Education
- B.A. (Political Science and Criminology), University of Toronto (1984)
- LL.B., University of Western Ontario (1991)
- LL.M., York University, Osgoode Hall Law School (2003) (Civil Litigation and Dispute Resolution)
- Call to Bar: 1993 (Ontario)