Civil Litigation
CIVIL LITIGATION
At Bobila Walker Law, our litigation team recognizes that most clients prefer to avoid the time, costs, and stress that come with litigation. That’s why we prioritize resolving disputes through alternative dispute resolution methods whenever possible, before pursuing court action.
When going to court is necessary, our skilled and experienced team is dedicated to resolving matters efficiently and effectively, always aiming to protect any important family or business relationships involved. With years of experience advocating before all levels of Ontario and federal courts, including the Court of Appeal and the Supreme Court of Canada, we are equipped to handle even the most complex cases. We also have extensive experience representing clients before various tribunals and administrative bodies.
At Bobila Walker Law, we believe in pairing experienced litigators with newer associates and students, allowing our clients to benefit from a blend of practical experience, deep legal knowledge, and established credibility, along with the fresh perspectives and energy of newer team members. Throughout the litigation process, we keep our clients informed and engaged, offering clear, honest, and practical advice about their options.
Much of our litigation work involves clients we have helped in other areas such as real estate, business, estates, or family law. In these situations, the client’s original lawyer stays involved, ensuring continuity and leveraging their in-depth understanding of the matter at hand.
At Bobila Walker Law, we are ready to assist you. Please contact us at 416-847-1859.
The Lawsuit - Called Statement of Claim
Litigation is the process of resolving disputes between individuals or companies in a court of law. If the opposing party fails to respond or comply with the demand letter, the next step is to draft a lawsuit or a defense to that lawsuit, also known as a “pleading,” as you are presenting your case. Both the lawsuit and defense outline each party’s version of the dispute, the conclusions the judge or jury should reach, and the legal arguments supporting those conclusions.
An alternative course of action is called an Application, where you apply to the court for a date to argue the matter. This typically happens when the case is straightforward and does not require a trial. An application resembles a lawsuit, but the main distinction is that the date to argue the matter is included in the Notice of Application.
Gathering Evidence
The next step, often the most time-consuming, is gathering evidence, also known as the discovery process. During this phase, each party is required to gather all relevant evidence, including documents, digital files, photos, etc., and exchange it with the opposing party. Each party also has the opportunity to conduct an interview with the opposing party under oath.
Motions
Motions are like a lawsuit within a lawsuit. A motion is a formal request made to a judge or a master, who holds some but not all of the powers of a judge. Motions may take place in front of or without the other party. Parties have the opportunity to consent to or oppose the motion and present arguments as to why the requested relief should or should not be granted. Legal costs are often ordered when motions are argued.
Mediation
In many cases, the court requires mandatory mediation, also referred to as pre-trial. During mediation, both parties have the chance to present their case to a judge, who will offer feedback on the strengths and weaknesses of their arguments. The parties may also engage in settlement discussions to attempt to resolve the matter. If no settlement is reached, the case will proceed to trial, where a different judge will hear the case than the one involved in the pre-trial mediation. In certain areas of Ontario, such as Toronto, mediation with a private mediator is required before proceeding to mediation with a judge.
Trial
At trial, each party presents their case before a judge, who will make a decision in favor of one party at the end of the proceedings.
Bobila Walker Law provides litigation support across a wide range of civil matters, including contract disputes, employment law, franchise law, negligence, and real property disputes. Bobila Walker Law has been trusted to represent clients throughout the dispute resolution process and at various levels of courts and tribunals.
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our Team
DANIEL
WALKER
MANAGING PARTNER
Daniel Walker is the Managing Partner of Bobila Walker Law and a seasoned litigator whose practice focuses on complex estate, civil, and family disputes. With a reputation for navigating high-stakes matters involving fiduciary breaches, multi-jurisdictional assets, and intricate legal frameworks, Daniel combines legal precision with strategic insight across several intersecting practice areas.
Estate, Trusts & Fiduciary Litigation
Daniel’s principal area of expertise lies in wills, trusts, and estate litigation. He has extensive experience litigating matters involving:
- Contested will challenges
- Breaches of fiduciary duty and trust
- Power of attorney disputes
- Guardianship and capacity litigation
- Dependant’s relief claims under the Succession Law Reform Act
- Complex intestacies
- Trust rectification and variation applications
He also routinely acts as an estate trustee or executor on behalf of domestic and international clients and serves as Power of Attorney for Property and Personal Care.
Passing of Accounts (Contentious & Non-Contentious)
Daniel advises beneficiaries and fiduciaries on passing of accounts applications, with a focus on tracing assets, scrutinizing expenditures, and litigating claims of misappropriation or negligent administration.
Complex Family Law & Cross-Border Litigation
Daniel brings unique expertise to family law disputes:
- High-value family litigation involving international property, hidden assets, and jurisdictional disputes between Canada and Europe.
- Advises clients through every phase of separation, divorce and related disputes.
- Handles contested and collaborative matters alike, including division of family property (from personal assets to complex business interests), child-custody and support issues under the Federal Child Support Guidelines, and spousal maintenance.
- Enforcement of prenuptial, postnuptial and cohabitation agreements, represents clients in mediations, arbitrations and trials, and manages post-judgment enforcement or variation applications to ensure court orders remain fair as circumstances change.
German-Speaking Legal Services
Fluent in German, Daniel frequently advises clients on civil litigation, probate, and estate matters with ties to German-speaking jurisdictions. He also speaks Serbian, Croatian, and Bosnian, and is equipped to manage cross-border mandates involving multiple legal systems.
Professional Background
Prior to entering private practice, Daniel served as a Senior Policy Advisor at the Department of Foreign Affairs and International Trade (DFAIT) in Ottawa. During law school, he worked with:
- The in-house legal team at Rogers Communications
- The Office of the Privacy Commissioner of Canada
Daniel regularly appears before the Ontario Superior Court of Justice, including the Estates List and Commercial List.
Guardianship and Power of Attorney Disputes
Daniel Walker is a trusted Ontario litigator whose practice is devoted to adult guardianship and capacity law. Drawing on extensive courtroom experience and a deep understanding of the Substitute Decisions Act, he guides families and individuals through the complexities of contested guardianship applications with clarity, compassion and precision. Whether an urgent interim order is required to secure a vulnerable adult’s property or comprehensive preparations must be made for a full hearing, Daniel navigates every procedural step and ensures his clients know what to expect at each stage.
Estates Administration
Drawing on deep expertise in the Estates Administration Act and the Estates Act, he oversees probate applications, ensures timely compliance with statutory obligations and protects fiduciaries from personal liability. Recognizing that even straightforward estates can give rise to contested issues—whether challenges to joint-account strategies, claims under Pecore v. Pecore or disputes over executor conduct—Daniel provides proactive counsel to prevent costly delays and litigation.
Beyond routine administration, Daniel advises on the management of high-value and complex estates and trusts, including investment oversight, cross-border transfers and the settlement of debts prior to distribution. He drafts and negotiates mediation agreements in mandatory estate-dispute mediations, handles fiduciary accounting and, where necessary, advocates for clients in contested proceedings. With a focus on preserving estate value and safeguarding trustee and executor interests, Daniel delivers dependable legal counsel tailored to each client’s unique situation.
Civil and Commercial Litigation
Daniel Walker is a seasoned civil and commercial litigator who advocates for individuals, corporations and partnerships in complex business disputes. Drawing on a thorough command of Ontario’s Rules of Civil Procedure and decades of courtroom experience, he guides clients through high-stakes shareholder oppression and partnership breakdown claims, negotiates and litigates breaches of contract and other commercial obligations, and resolves contentious real-estate and property-ownership disputes. Whether you face allegations of defamation that threaten your reputation or professional-negligence claims that endanger your practice, Daniel marshals tailored strategies—combining vigorous trial advocacy with pragmatic settlement negotiations—to protect your interests and achieve commercially sensible outcomes. From case inception through appeal, he manages every procedural step, coordinates expert evidence, and provides clear advice so that you always understand your options and the likely path forward.
Elder Abuse & Elder Law
With extensive experience under the Substitute Decisions Act and related legislation, Daniel Walker combines proactive planning—drafting carefully tailored powers of attorney and guardianship applications—with decisive legal action to secure urgent relief where seniors’ safety or assets are at risk.
Whether you’re concerned about unexplained injuries, unauthorized financial transactions or signs of neglect in a care facility, Daniel provides clear, compassionate guidance every step of the way, coordinating with medical and financial experts to investigate allegations, freeze suspect transactions and restore decision-making authority to the vulnerable adult. His priority is ensuring that every client and family he serves obtains prompt, practical protection and peace of mind.
Whistleblower Protection & Crisis Management
Daniel provides legal support to whistleblowers, professionals, and institutions navigating:
- Professional discipline proceedings
- Matters of national security and confidentiality
- Public sector accountability under the Freedom of Information and Protection of Privacy Act (FIPPA)
- International immunity and state actor litigation
With deep experience handling workplace-related and service-related human rights disputes, Daniel guides clients through every stage of the process: from initial fact-gathering and document preparation to mediation, Tribunal hearings and, if necessary, appeals. He pursues remedies ranging from financial compensation and reinstatement to public-interest orders requiring systemic policy changes. By blending pragmatic risk management with rigorous advocacy, Daniel ensures that his clients remain compliant with Canada’s shifting human rights landscape and that those who suffer discrimination obtain prompt, effective redress.
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The firm was kind and compassionate in dealing with my situation, and was always available to answer any questions that I had. I ended up winning my appeal and am now able to pursue my goal
