Executive Summary
Gavin Tighe is a senior partner with Gardiner Roberts LLP and chair of the firm’s Litigation and Dispute Resolution Group. Mr. Tighe has been certified by the Law Society of Ontario as a Specialist in Civil Litigation since 2003 and has appeared as lead counsel at all levels of Canadian Courts including the Supreme Court of Canada. He has significant experience successfully representing clients in several Canadian provinces and before tribunals in both Canada and the United States. Mr. Tighe also acts as counsel to clients in arbitrations, mediations and other forms of Alternative Dispute Resolution. A sampling of some of Mr. Tighe’s reported court decisions is listed below.
Mr. Tighe’s diverse litigation practice focuses on advocacy. He has acted in numerous high profile matters and court proceedings and is a lawyers’ lawyer having represented numerous other lawyers in Ontario and across Canada. Mr. Tighe has also successfully argued some of the leading Canadian cases in both trial and appellate Courts in such diverse areas as defamation, corporate restructuring, municipal conflict of interest, adverse possession of real property, solicitor’s negligence, financial advisor liability, auditor and accountant liability, title insurance, defamation, and election law in addition to numerous other areas of law.
Mr. Tighe is very active in the community and a well-known supporter of many worthy community and charitable organizations. He has published numerous legal articles, been an instructor at the bar admission course Law Society of Ontario, lectured at Canadian law schools, presented at numerous conferences including conferences sponsored by the Law Society of Ontario, Canadian and American Bar Associations and has been repeatedly cited as an authority on Civil Practice in Ontario. He has repeatedly been selected by his peers as one of “The Best Lawyers in Canada” as well as being ranked in Lexpert and Martindale-Hubbel.
Expertise
Representative Work
- CMT et al. v Government of PEI et al., 2020 PECA 12
- B.W. (Brad) Blair v. Premier Doug Ford, 2020 ONSC 7100
- Kazen v. Whitten & Lublin Professional Corporation, 2020 ONCA 325
- Larizza v. Royal Bank of Canada, 2018 ONCA 632
- Lang Michener LLP v. King, 2018 ONCA 471
- Nodel v. Stewart Title Guaranty Company, 2018 ONCA 341
- CMT et al. v. Gov’t of PEI et al., 2018 PESC 9
- MacDonald v. Chicago Title Insurance Company of Canada, 2015 ONCA 842
- Opitz v. Wrzesnewskyj, 2012 SCC 55,[2012] 3 S.C.R. 76
- Foulidis v. Ford, 2012 ONSC 7189 (CanLII); 2012 CarswellOnt 16516
- Sutton v. Balinsky et al., 2015 ONSC 3081 (CanLII)
- Osterbauer v. Ash Temple Ltd., 2003 CanLII 6614 (ON CA) [2003] O.J. No. 948; 63 O.R. (3d) 697; [2003] CLLC para. 210-047; 121 A.C.W.S. (3d) 277
- Newman v. TD Securities Inc., 2007 CanLII 10791 (ON SC) [2007] O.J. No. 139; 26 B.L.R. (4th) 270; 154 A.C.W.S. (3d) 726; 2007 CarswellOnt 194
- Geler (Bankruptcy), Re, 2005 CanLII 18283 (ON SC) [2005] O.J. No. 2094; 12 C.B.R. (5th) 15; 139 A.C.W.S. (3d) 622; 2005 CarswellOnt 2094
- T.D. Waterhouse Investor Services (Canada) Inc. v. Srivastava, 2005 CanLII 35791 (ON SC) [2005] O.J. No. 4244; [2005] O.T.C. 871; 143 A.C.W.S. (3d) 81
- Khan v. TD Waterhouse Investment Advice, 2006 CanLII 9310 (ON SC) [2006] O.J. No. 1177; [2006] O.T.C. 128; 146 A.C.W.S. (3d) 957
- Polish Alliance of Canada v. Lovett, Cunningham & Eagles, 2011 ONCA 462 (CanLII) [2011] O.J. No. 2788; 2011 ONCA 462
- Gibbins v. TD Waterhouse Canada Inc., 2007 CanLII 10789 (ON SC) [2007] O.J. No. 1258; 156 A.C.W.S. (3d) 558
- Chuang v. Manning, 2010 ONSC 6296 (CanLII) [2010] O.J. No. 4920; 2010 ONSC 6296; 2008 CanLII 14175 (ON SC) [2008] O.J. No. 1258; 166 A.C.W.S. (3d) 71
- Srivastava v. T.D. Waterhouse, 2003 CanLII 16441 (ON SC) [2003] O.J. No. 3279; 124 A.C.W.S. (3d) 396
- Newman v. T.D. Securities Inc., 2007 CanLII 463 (ON SC) [2007] O.J. No. 1260; 31 B.L.R. (4th) 215; 156 A.C.W.S. (3d) 559; 2007 CarswellOnt 1944
- Cormack Animal Clinic Ltd. v. Potter, 2009 CanLII 713 (ON SC) [2009] O.J. No. 141; 306 D.L.R. (4th) 548; 66 C.P.C. (6th) 21; 2009 CarswellOnt 142
- Bluestone v. Silverman, 2005 CanLII 27143 (ON SC) [2005] O.J. No. 3219; [2005] O.T.C. 665; 141 A.C.W.S. (3d) 310
- Dagarsho Holdings Ltd. v. Bluestone, 2005 CanLII 39321 (ON CA) [2005] O.J. No. 4526; 37 R.P.R. (4th) 53; 143 A.C.W.S. (3d) 52; 2005 CarswellOnt 5193; 2004 CanLII 11271 (ON SC) [2004] O.J. No. 2654; [2004] O.T.C. 525; 23 R.P.R. (4th) 80; 132 A.C.W.S. (3d) 380
- Stewart Title Guarantee Company v. Zeppieri, 2009 CanLII 2329 (ON SC) [2009] O.J. No. 322; 94 O.R. (3d) 196; 307 D.L.R. (4th) 539; 70 C.C.L.I. (4th) 247; [2009] I.L.R. I-4784; 2009 CanLII 2329; 2009 CarswellOnt 365
- Charlebois v. Stewart Title Guaranty, 2011 ONSC 6824 (CanLII) [2011] O.J. No. 5392; 2011 ONSC 6824; 108 O.R. (3d) 371; 91 C.C.L.T. (3d) 336; [2011] I.L.R. I-5220; 211 A.C.W.S. (3d) 220; 2011 CarswellOnt 13509
- Freedman v. Toronto (City), 2009 CanLII 82620 (ON SC) [2009] O.J. No. 4790; 81 C.C.L.I. (4th) 85; [2010] I.L.R. I-4924; 2009 CarswellOnt 6938
- Jafine v. Mortson, 1999 CanLII 14775 (ON SC) [1999] O.J. No. 971; 43 O.R. (3d) 81; 93 O.T.C. 91; 50 M.P.L.R. (2d) 218; 87 A.C.W.S. (3d) 381
- Nadvornianski v. Stewart Title Guaranty Company, 2006 CanLII 21787 (ON SC) [2006] O.J. No. 2611; 82 O.R. (3d) 149; 39 C.C.L.I. (4th) 275; 47 R.P.R. (4th) 155; 149 A.C.W.S. (3d) 690; 2006 CarswellOnt 3934
- TD Waterhouse Canada Inc. (TD Waterhouse Discount Brokerage) v. Chee, 2009 CanLII 9365 (ON SC) [2009] O.J. No. 786
- Khosla v. Korea Exchange Bank of Canada, 2008 CanLII 56011 (ON SC) [2008] O.J. No. 4344; 172 A.C.W.S. (3d) 249
- Millstone Consulting Services Inc. v. Cleary, 2009 ONCA 755 (CanLII) [2009] O.J. No. 4510; 2009 ONCA 755; 85 R.P.R. (4th) 50; 2009 CarswellOnt 6632
- TD Waterhouse Canada Inc. (TD Waterhouse Private Investment Advice) v. Little, 2010 ONCA 145 (CanLII) [2010] O.J. No. 724; 2010 ONCA 145; 79 C.C.E.L. (3d) 216; 2010 CarswellOnt 1033; 2009 CanLII 43663 [2009] O.J. No. 3465; 76 C.C.E.L. (3d) 243; 2009 CanLII 43663; 179 A.C.W.S. (3d) 840; 2009 CarswellOnt 4883; 009 CanLII 60088 [2009] O.J. No. 4608
- Jones v. Ontario, 2003 CanLII 21196 (ON CA) [2003] O.J. No. 3258; 66 O.R. (3d) 674; 66 O.R. (3d) 683; 175 O.A.C. 263; 45 C.B.R. (4th) 263; [2004] 1 C.T.C. 65; 2003 D.T.C. 5663; 125 A.C.W.S. (3d) 17; 2003 CarswellOnt 3184
- Playdium Entertainment Corp., Re, 2001 CanLII 28281 (ON SC) [2001] O.J. No. 4252; [2001] O.T.C. 828; 18 B.L.R. (3d) 298; 31 C.B.R. (4th) 302; 109 A.C.W.S. (3d) 207; 2001 CarswellOnt 3893
- Paciorka v. TD Waterhouse, 2008 CanLII 6646 (ON SC) [2008] O.J. No. 676; 164 A.C.W.S. (3d) 405; 2007 CanLII 28749 (ON SC)
- Khan v. TD Waterhouse Investment Advice, 2006 CanLII 3467 (ON SC)[2006] O.J. No. 1177; [2006] O.T.C. 128; 146 A.C.W.S. (3d) 957
- BMO Nesbitt Burns Inc. v. TD Waterhouse Investor Services, 2006 CanLII 17338 (ON SC) [2006] O.J. No. 2074; 148 A.C.W.S. (3d) 627
- Matutschovsky v. Singer, 2009 ONCA 406 (CanLII) [2009] O.J. No. 1946; 2009 ONCA 406
- Admassu v. Pantel, 2009 CanLII 35726 (ON SC) [2009] O.J. No. 2916
- Wrzesnewskyj v. Attorney General (Canada), 2012 ONSC 3718 (CanLII) [2012] O.J. No. 2308; 2012 ONSC 2873; 2012 SCC 55
- Battery Plus Inc., Re, 2001 CanLII 28272 (ON SC [2001] O.J. No. 4510; 29 C.B.R. (4th) 191; 109 A.C.W.S. (3d) 686
- TD Waterhouse Canada Inc. v. Goodman, 2005 CanLII 1499 (ON SC) [2005] O.J. No. 250; 136 A.C.W.S. (3d) 821
- Reviczky v. Meleknia, 2007 CanLII 56494 (ON SC) [2007] O.J. No. 4992; 88 O.R. (3d) 699; 287 D.L.R. (4th) 193; 66 R.P.R. (4th) 254; 162 A.C.W.S. (3d) 1048; 2007 CarswellOnt 8258
- 1013952 Ontario Inc. (Silverado Restaurant and Nightclub) v. Sakinofsky, 2010 ONSC 411 (CanLII) [2010] O.J. No. 168; 2010 ONSC 411; 2009 CanLII 60783 (ON SC) [2009] O.J. No. 4692
Articles and Presentations
- Administrative judges in small claims court have no jurisdiction on anti-SLAPP motions, ONCA, Law Times - February 2, 2022
- Decision 'finally closes the chapter' on jurisdiction to hear anti-SLAPP motion, counsel says, The Lawyer’s Daily - January 21, 2022
- Ontario's top court dismisses defamation appeal by ex-OPP deputy commissioner Brad Blair against Ford, CBC News - November 25, 2021
- Ontario court dismisses libel suit against Doug Ford, The Globe and Mai - January 27, 2021
- Solicitor-Client Privilege: Claim for breach denied and argument to preserve upheld - December 9, 2019
- It's Game Day!: The Summary Dismissal of a Misfeasance Claim - October 16, 2019
- Star Chamber v. Equity: Politicians Beware - August 22, 2019
- Watchdog finds no wrongdoing by ex-councillor Giorgio Mammoliti in land deal involving giant flagpole, The Star - June 19, 2019
- Premier Ford Vindicated - April 17, 2019
- Dismissal of abusive proceeding upheld; Home buyer who got more land than he bargained for not entitled to damages for lost secondary transactions - April 2, 2019
- Time period expired: Claim for contribution and indemnity dismissed - January 30, 2019
- Is Partial Summary Judgment Dead - December 7, 2018
- The End of the Charter? - November 19, 2018
- The Unforgiving Forgivable Loan - September 21, 2018
- Wife of convicted fraudster loses damage claims against landlord, law firm, Canadian Lawyer - July 20, 2018
- Lawyers Owe Duty to Their Own Clients, Not the Opposite Side - June 15, 2018
- OCA rules title insurance exception did not apply, Law Times - April 23, 2018
- When policy exclusion wording intersects with fraud, Canadian Underwriter - April 17, 2018
- Defamation and Social Media: An Update - February 7, 2018
- Lawyers do not owe duty to opposite counsel's clients, Law Times - December 18, 2017
- Lawyer who represented Rob Ford joins P.E.I. e-gaming lawsuit, Salt Wire - November 25, 2017
- An Online Date to Forget - October 31, 2017
- Failure to Respond to Foreign Litigation Can Be Risky - October 19, 2017
- Chevron plaintiffs ordered to post security for costs, Law Times - October 10, 2017
- Provisions of whole contract make seller responsible for severance costs - August 4, 2017
- Plaintiff's "Kicks at the Can" are limited - May 23, 2017
- Bank not responsible for fraudulent instructions delivered via customer's email account - May 12, 2017
- Mortgage proceeds paid to fraudster's lawyer, in trust, covered under title insurance policy - February 23, 2017
- GR Lawyers Obtain Dismissal of Municipal Conflict of Interest Case Against Ford Brothers - April 21, 2016
- Dealing With Corporate Disputes - Planning To Avoid Disputes - February 23, 2016
- Why adjusting claims may never be cut-and-dry again, Insurance Business Canada - December 15, 2015
- Unpermitted Removal of Support Walls Covered by Title Insurance Policy: Title Insurer Obligated to Pay Future Repair Costs to Remedy Dangerous Condition - December 7, 2015
- Conflict of Interest in the Era of Multi-national Law Firms - November 12, 2015
- The Throwback Heard Around the (Baseball) World A Legal Perspective - October 21, 2015
- Court Refuses to Enjoin Use of Controversial Ride Service Uber Drives On in Toronto - August 21, 2015
- Family Law Act Remedy Trumps Professional Liability Claim - August 18, 2015
- Municipal Election Victories - May 28, 2015
- Controversial Practice of Carding Hits Court - May 13, 2015
- Collection of Unpaid Legal Fees - May 13, 2015
- Record Retention eDiscovery Spoliation - April 1, 2015
- Speaking to the Media - October 28, 2014
- Rob and Doug Ford facing conflict of interest allegations in court, The Star - October 3, 2014
- Rob Ford drops out of mayoral race, Doug Ford running in his place, The Globe and Mail - September 12, 2014
- Renovations may hide problems from home buyers, Ontario Building Officials Association (OBOA) - May 13, 2014
- Injunctions, Irreparable Harm and Breach of Non-Solicitation and Non-Competition Agreements, Barreau du Haut-Canada, The Six-Minute Employment Lawyer, Law Society of Upper Canada - June 10, 2013
- Libel suit win good for free speech: Ford's lawyer, CP24.com - December 28, 2012
- Christie Blatchford: Defamation case against Rob Ford offers terrifying glimpse into Toronto’s municipal bureaucracy, National Post - November 13, 2012
- Etobicoke ruling tests court in electoral scanda, The Globe and Mail - July 10, 2012
- Ex-NHL ref Van Hellemond intends to sue papers over comic, Yahoo Sports - July 2, 2011
- Provisional Execution: An Interpretation of Section 195 of the Bankruptcy and Insolvency Act, Canadian Bankruptcy Reports - July 1, 2002
- Playdium Obtains CCAA Protection, Lexpert - April 1, 2001
- Rule 49 - Offers to Settle, The Advocates Quarterly - April 28, 2000
Media
The stakes couldn't be higher as Canada's top court decides whether to hear climate class action lawsuit
Gavin Tighe with John Moore, NewsTalk 1010
My Blog
- Negligence claim against lawyer who obtained restraining order against a non-party dismissed - October 27, 2022
- Inadvertent disclosure and improper use of privileged communications - August 4, 2022
- Jurisdictional Door on the Small Claims Court Slammed Shut for Anti-SLAPP Motions - January 28, 2022
- Ford wins again! Court of Appeal for Ontario upholds dismissal of defamation action against him - November 26, 2021
- Ontario Court of Appeal upholds setting aside of a notice of discontinuance - November 1, 2021
- Supreme Court of Canada upholds reduction in size of Toronto's City Council - October 4, 2021
- “Enough is Enough” – frustration expressed by Ontario Courts over litigation misconduct during the pandemic - February 23, 2021
- Defamation action against Ontario Premier dismissed under Courts of Justice Act - January 28, 2021
- Ontario Suspends Commercial Tenant Evictions - June 19, 2020
- A Litigation Update: The Small Claims Court and Short Motions or Applications - June 9, 2020
- Ontario re-opening for business: A gradual approach - May 7, 2020
- House Party Drunkenness: Should Parents Be Liable For Catastrophic Injuries Suffered By Guests? - March 22, 2017
- It's The Little Things In Life That Count - June 15, 2016
Recognition
- Appointed by Order in Council as Chair of the Public Accountants Council for the Province of Ontario
- Lexpert Ranked for Professional Liability
- Best Lawyers in Canada – 2013-2023 (Insurance Law and Legal Malpractice Law)
- Best Lawyers in Canada – 2022 Lawyer of the Year in Legal Malpractice Law
- Toronto's Top Lawyers 2021 - Streets of Toronto
Professional Involvement
- Law Society of Ontario
- Ontario Bar Association
- Advocates’ Society
- Osgoode Society
- Toronto Lawyers Association
- Honorary Overseas Member - COMBAR
(The specialist association of the English and Welsh Commercial Bar)
Community Involvement
- St. Patrick’s Parade Society – 2020 Grand Marshal
- Co-founder Annual ‘Halloween Jam for Cancer Research’ in support of the Leukemia Lymphoma Society of Canada
- Regular Contributor Bell Media Newstalk 1010 and frequent guest on radio and television