Eddy Battiston

Eddy directs the Civil Litigation Practice Group. Throughout his extensive career Eddy’s practice has been broad in scope and complexity in the following areas of practice:

Civil Litigation

• Corporate, Commercial and Estate Litigation
• Construction Liens/ Building Contracts
• Professional malpractice (lawyers, accountants, investment counselors, brokerage firms)
• Shareholder Rights and Remedies (Commercial Court)
• Mortgage Remedies
• Personal Injury and Insurance Claims
• Employment Law/ Wrongful Dismissal
• Expropriation
• Bankruptcy and Insolvency (proposals, receivership, liquidations)

Eddy has represented clients in all Ontario Courts including the Court of Appeal and Superior Court of Justice as well as:
Others:

• Federal Court of Canada
• Tax Court of Canada
• Ontario Securities Commission
• Board of Negotiation (Expropriations Act)
• Criminal Injuries Compensation Board
• Social Assistance Review Board (S.A.R.B)
• Federal District Court (New York State)

Eddy is an active participant in mediations and arbitrations in a wide variety of litigation matters.

Memberships

• Canadian-Italian Advocate Organization (CIAO)
• Italian Chamber of Commerce Toronto

Curriculum Vitae

• 1971 Graduated from York University (B.A.-psychology/sociology)
• 1974 Graduated from Osgoode Hall Law School (LL.B)-(Doctor of Jurisprudence)
• 1976 Called to the Bar of Ontario
• 1983 Founding and Senior Partner of Battiston & Associates
• 1997 Certified as an Arbitrator by the Arbitration and Mediation Institute of Ont. Inc.

Mediations and Arbitrations (ADR)

• Active participant in mediations and arbitrations in a wide variety of litigation matters

Community Involvement:

• Wilson Village BIA-Founder and Director (2012-present)
• Past Chair and current Governor-Humber River Hospital Foundation (1994-present)
• St. Padre Pio Parish, Kleinburg, Fundraising Committee
• Famee Furlane, Toronto
• Country Day School (King City), Director/Finance Committee (11 years)
• Veneto Cycling Club
• Team Revolution (Cycling)

Languages

• Fluent in Italian

Some Reported Cases

McBean v. Amsen et al, 2009 (O.S.J.J.), Master Haberman – Successful Motion to strike Certificate of Pending Litigation; Costs awarded costs in the sum of $118,171.79.

Pine Glen Farms Ltd. v. Randall, December 1998 – Ont. Ct. (Gen. Div.) Newmarket before Marchand, J. (Reproduced from The Law Times – March 21, 1999). Awarded damages against tenant of a farm whose negligence caused complete destruction of a barn by fire.

Re: Zammit, Ontario Court of Justice, General Division (In Bankruptcy) – Registrar Ferron, January 29, 1998 (Reproduced from 1998, 3 C.B.R. (4th) 193 (Ont. Bktcy).
Claim by clients against solicitor for negligence, breach of fiduciary duty; solicitor made voluntarily Assignment in Bankruptcy; LPIC denied coverage; obtained Order under Section 38 of Bankruptcy & Insolvency Act enabling them as creditors of the solicitor’s estate to take over trustee’s right to proceed to recover under LPIC policy.

Deep Foundations Contractors Inc. v. B. Gottardo Construction Ltd. 2015 ONSC 4875 CanLII

Obtained Judgment on lien claim in excess of $500,000 and dismissal of delay claim of $2,500,000.00.

Fitzpatrick v. Squires, 2014 ONCA 124 (the “Dead Coyote Case”)

Action for intentional infliction of mental suffering by elderly couple against hostile neighbor. Awarded in excess of $300,000.00 for claim, interests and costs

R. v. Cobra 2017

Successfully defended an equipment moving company, which was charged under the Ontario Health and Safety Act following the death of its worker who was crushed by a curb machine on a construction site (under appeal).

Seepa v. Seepa 2017

Estate litigation has had a significant impact by causing a “cultural shift” in the way Estates Court should deal with challenges to wills and other testamentary dispositions.

Forest Meadows Developments Inc. v Shahrasebi 2020 ONSC 5287

Successfully defended purchaser in aborted real estate transaction.

Other Court Awards/Settlements
Fatalities
Recovered damages of $300,000 for the family of a two year old child who was fatally injured by a mechanical bed while her mother was being treated by her naturopath physician.
Identity Fraud/Fraudulent Conveyance of Property (2009/2010)
Succeeded in action against fraudster, solicitor and Land Titles Compensation Fund; recovered full value of the home which was fraudulently taken from an aging widow.

Personal Injury/Motor Vehicle Accident (2007)
Recovered damages of $1.5 million plus monthly income replacement benefits and other accident benefits for young male plumbing apprentice who sustained spinal cord injuries and consequential disability in a motor vehicle accident in which a tractor trailer collided head-on with his vehicle and rolled over crushing the driver’s compartment.

Motorcycle Damages
Recovered damages of $625,000 for a construction worker who was cut off by a motorist in Toronto.

Slips and Falls
Recovered damages of $500,000 for a 12 year old girl who fell off a demo ride at the Ontario Science Centre.

Fraudulent Business Acquisition (2010)
Obtained Summary Judgment for $250,000.00, plus interest, plus costs of $60,000.00 against businessman who failed to account for $250,000.00 advanced to him by an Italian investor on the pretext that it was to be used to purchase a winery business in Niagara.

Investment Counsellor Negligence
Successful in numerous actions against investment counsellors and brokerage firms on behalf of investors who sustained losses in market investments in securities which were outside the accepted scope of risk of the investor client.

Construction Liens (2009)
Represented the major lien claimant and had carriage of a lien action involving a Power Centre in Flamborough, Ontario. Successfully negotiated out-of-Court settlement whereby all lien claims were paid in full – total settlement $3. million plus.

Solicitor’s Professional Malpractice

(2006)
Claim in Ontario Superior Court of Justice against Quebec lawyer who released investor’s funds from his trust account without the investor’s consent. Settled for $275,000.00 following discoveries and prior to trial.

(2016)
Recovered damages against a solicitor, vendor and a title company on behalf of a doctor who suffered financial losses following the purchase of an office building.

(2022)
Recovered damages against a solicitor, purchaser and real estate agents as a consequence of an aborted real estate transaction.