EMPLOYMENT LAWYERS - Key Persons
James R.D. Clark, H. BSc., LL.B., is a seasoned litigator with over 20 years of practice experience, and with numerous trials to his credit. Prior to joining the Payne Law team, James was a named partner in a Bay Street litigation boutique where he practiced for over 17 years. Read More
James R.D. Clark, H. BSc., LL.B., is a seasoned litigator with over 20 years of experience, and with numerous trials and appeals to his credit. Prior to joining the Payne Law team, Mr. Clark was a named partner in a Bay Street litigation boutique where he practiced for over 17 years. He has a broad litigation practice, which includes civil, commercial, insolvency/bankruptcy, administrative, and criminal/quasi-criminal litigation. He has argued before the Ontario Court of Appeal, Ontario Superior Court of Justice (including the Commercial List and the Divisional Court on appeal matters), the Tax Court of Canada, Ontario Court of Justice, the Human Rights Tribunal and other administrative tribunals. He has represented clients at every level of Court in Canada, including at the ultimate Supreme Court of Canada stage.
In July and September, 2023 Mr. Clark obtained a declaration for a right of way and secured a cost award of $28,000 in relation to the right to modify the right of way for vehicular access. See September 25, 2023 cost decision of the Honourable Justice Owen Rees: Jokovic v Middleton - Costs Endorsement. See underlying July 21, 2023 Superior Court of Justice decision: 2023-07-21-END-JOKOVIC v MIDDLETON- REES, J.
On March 2, 2023 - Mr. Clark secured a unanimous decision before a panel of the Ontario Court of Appeal, upholding lower court decision setting aside the transfer of real estate between spouses (transferred by debtor prior to bankruptcy) making value of debtor's interest in property available for distribution among creditors. Total value of proven claims $974,395.23. See [2023] Jovkovic v. DaSilva, 2023 ONCA 137.
In June 2023, Mr. Clark secured a Writ of Possession entitling our client to evict occupying family members with the assistance of the sheriff. See: Order Gorman J. CV22-895 Nguyen v. Van Tong et al. 14Jun23-signed_Redacted. This follows earlier (2022) Order for Partition and Sale of property occupied by client's family members despite bitter opposition. See: Endorsement Dube, J - Nov 3.22. A separate Cost Order was released in 2023 for $8,600.00 in favour of our client, being the full amount claimed.
In 2022, Mr. Clark and Mr. Payne secured a win following attendance before an Ontario Court of Appeal panel chaired by Chief Justice Ceorge Strathy. The appeal upheld the firm's earlier trial decision involving beneficial ownership of a property, partition and sale, and claims of resulting trust and constructive trust. The Ontario Court of Appeal awarded costs of $9,500.00 in favour of our clients. See: Decision of the Ontario Court of Appeal in Inniss v. Blackett, 2022 ONCA 166.
In 2022, Mr. Clark was successful in setting aside the transfer of property (transferred by the debtor prior to bankruptcy) making value of debtor's interest in the property available for distribution among creditors. Total value of proven claims $974,395.23. Read full May 27, 2022 Endorsement of Justice A.K. Mitchell: https://www.canlii.org/en/on/onsc/doc/2022/2022onsc2691/2022onsc2691.html?resultIndex=1
Also in 2022, Mr. Clark secured an Order for Partition and Sale of property occupied by client's family members despite bitter opposition. See: Nguyen v. Tong - London Court File No. CV-22-895 - Ruling on Application. A separate Cost Order was released in 2023 for $8,600.00 in favour of our client, being the full amount claimed.
Mr. Clark has been a conference speaker and panelist for the Canadian Association of Insolvency and Restructuring Professionals and has represented trustees in bankruptcy in complex litigation matters including motions for judgment and motions under sections 96(1) and 164 of the Bankruptcy and Insolvency Act. Recently he secured a formal Order authorizing our client (Judgment Creditor) to prosecute proceedings to set aside transfer of matrimonial home to wife (18 months prior to bankruptcy) for undervalue. See endorsement of the Honourable Justice Tranquilli dated June 4, 2021: BK-17-2314079 DaSilva v Jovkovic - Endorsement J. Tranquilli dated June 4, 2021. See also formal Order issued by Superior Court of Justice in Bankruptcy and Insolvency: BK-17-2314079 DaSilva v Jovkovic - Order J. Tranquilli dated June 4, 2021
In the Matter of the Bankruptcy of National Telecommunications Inc. 2018 ONSC 1101, Mr. Clark secured a formal Declaration voiding $334,841.00 in transactions which were deemed undervalued. The Honourable Justice Pattillo accepted his argument that the transfers were "intended to defraud or delay" a major creditor by falsifying its receivable and payables. This motion came on the heels of another successful Superior Court of Justice motion in which Mr. Clark was able to obtain a separate order for the payment of $159,330.00 on similar grounds. See the Honourable Justice Myers' decision in Re: National Telecommunications Inc., a bankrupt, 2017 ONSC 1475.
Mr. Clark has been a speaker at the Canadian Association of Insolvency and Restructuring Professionals National Webinar Series.
Mr. Clark has handled preservation motions including complex matters involving Mareva Injunctions and Certificates of Pending Litigation. See for example, 2057552 Ontario Inc. v. Dick et al., 2015 ONSC 3182, wherein he was successful in setting aside the Mareva Injunctions at issue. He was also successful in fending off the subsequent appeal and in reducing the quantum of the Judgment by way of cross-appeal to the Ontario Court of Appeal. See the Ontario Court of Appeal decision in 20157552 Ontario Inc. v. Dick et al., 2016 ONCA 8.
Mr. Clark has handle a broad range of trial and appeal matters, seeing cases through to completion. For example, he was defence counsel in a 4-day trial under the Occupational Health and Safety Act, and successfully argued the related appeal. See R. v. Semple Gooder Roofing Corporation, 2015 ONCJ 183.
Megan Oxenham, B.A., is the firm's office manager and senior litigation clerk. She has been part of the Payne Law Litigation Team for 15 years. Read More
Megan Oxenham, B.A., is the firm's office manager and senior litigation clerk. No stranger to conflict resolution, Ms. Oxenham brings her Bay Street firm experience and her background as Special Assistant to the Premier of Ontario to the Payne Law team. She has been a valued member of the team since 2006.
Mina Haider, B.A.(Hons.) is our legal assistant. She graduated with a B.A. (Hons.) in legal studies and also obtained a certificate in Conflict Resolution and Mediation from the University of Guelph. Her broad work experiences encompass management, coaching, training, and client engagement.
Rishi K.C. Sharma, B.A. (Hons), J.D., L.L.M., commenced his legal career as a Prosecutor with the Queensland Police Service in Australia assisting victims obtain justice through skillful advocacy, attending court on a regular basis. Since his return to Canada, Rishi has broadened his litigation experience to include negligence, civil, and commercial litigation cases continuing to build on his previous successful results. Read More
Rishi K.C. Sharma, B.A. (Hons), J.D., L.L.M., is a passionate and confident litigator. He is a recognized lawyer in Ontario, Canada and Queensland, Australia. Rishi commenced his legal career as a Prosecutor with the Queensland Police Service in Australia assisting numerous victims obtain justice through skillful advocacy, attending court on a regular basis. Additionally, Rishi appreciates the importance of negotiating disputes outside of the courtroom and has a Master of Laws in Advanced Dispute Resolution. He was awarded first in class for the subject Mediation and Dispute Resolution Practice 1.
Since his return to Canada, Rishi has obtained a broad litigation experience in a variety of practice areas including negligence, civil, and commercial litigation, and continues to build on his previous successful results. Rishi has successfully resolved a broad range of claims including wrongful dismissal, insurance-related, administrative law, and property-related disputes. He recently argued a Superior Court of Justice motion leading to an order for particulars and for inspection of records as well as costs of $7,000.00. See: Order October 27, 20222 Cv-21-3386-00. The Plaintiff's refusal to provide particulars and to permit inspection of documents referred to in the Statement of Claim ultimately cost the Plaintiff, and delayed the Plaintiff's own action by over one year.
Rishi also cares about the betterment of the community and has been recognized for his long-standing volunteer efforts with the Canadian College of Family Physicians.
Suzana Youness, B.A.(Hons.), is our law clerk. She obtained her B.A. (Hons.) with a double major in political science and psychology after graduating with a paralegal diploma. She has developed her skills as a paralegal, legal assistant, and law clerk. She has a experience working on a broad range of civil and commercial litigation cases and sophisticated estate litigation matters.
Yan David Payne, B.A.(Hons), LL.B. has practiced exclusively as a Litigator for over 20 years. He is a Certified Civil Litigation Specialist with an impressive track record, and the Senior Managing Lawyer here at Payne Law. Read More
Yan David Payne, B.A.(Hons), LL.B. is a Certified Civil Litigation Specialist, as designated by the Law Society of Ontario. He has an impressive track record and is the Senior Managing Lawyer of the Payne Law Team as well as a Qualified Arbitrator (ADRIC/ADRIO).
Mr. Payne articled at a highly-respected civil litigation boutique in Toronto. He later headed the litigation division of a commercial and tax litigation firm in Toronto, taking on full responsibility for important cases and successfully taking numerous cases to trial and to appeal over the 20+ years that followed. Ultimately, Mr. Payne's drive, work ethic and successes led colleagues and clients alike to follow him to his private practice, which was founded in 2005/2006.
He has acted as principal and mentor to articling students and to new lawyers over the years. Mr. Payne has been retained to lead a variety of litigation cases. He has represented clients in tax matters, negligence and professional liability claims, defamation actions, wrongful and constructive dismissal matters, human rights, complicated commercial disputes including shareholder and partnership litigation, contentious estate litigation, property/title disputes, and complex appeal proceedings, among others. Mr. Payne has acted as a Judge (including being asked to judge final rounds) at the Osgoode Cup Mooting Competition (the largest and longest standing undergraduate moot in Canada) and is a qualified arbitrator.
Starting in 2020, Mr. Payne was asked to be an expert speaker by the Canadian Bar Association and Ontario Bar Association on tax litigation and employment law developments in the Covid-19 era.
Mr. Payne has been appointed by the Superior Court of Ontario as Independent Supervising Counsel and has advised and represented a broad range of clients from individual employees to established corporations, from small and medium-sized businesses to domestic, foreign, national and international organizations, from the chief of police, top ranked athletes, university professors, the Mayor of a major Canadian City, to court officials, professional regulatory and insurance bodies, as well as other professionals including lawyers, accountants, and doctors.
Mr. Payne has represented clients before administrative tribunals, the Superior Court of Justice, the Divisional Court, the Ontario Court of Appeal, and up to the Supreme Court of Canada.
He has also been assigned to mediate and arbitrate a broad range of disputes. He is recognized as a Qualified Arbitrator by the ADR Institute of Canada and the ADR Institute of Ontario.
Mr. Payne has an outstanding trial and appeal record including numerous widely-reported cases. He has personally successfully argued hundreds of motions, trials, and appeals.
Mr. Payne is always eager to play David to Bay Street's Goliath. The Ontario Court of Appeal recently accepted Mr. Payne's arguments dismissing Fasken's attempt to exercise a $360,000.00 solicitor's lien against its former individual client - see Ontario Court of Appeal decision in Weenen v. Biadi , 2018 ONCA 288 and related article about Mr. Payne's handling of the case: Court of Appeal dismisses Fasken's motion for charging order against client - The Lawyer's Daily - PDF. Please visit our Reported Cases section to review numerous other court victories secured by senior member of the bar, Yan David Payne.