Elliot S. Birnboim

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Address: 77 King St W Suite 700, Toronto, ON M5K 1G8
Lawyer Firm: CP LLP
Phone: 416-368-6200
Fax: 416-368-0300
Email: ebirnboim@cpllp.com
Website: cpllp.com

First Year of Call
Ontario 1992

Areas of Practice
Corporate Law

Elliot provides practical litigation advice for clients in commercial disputes. He focuses on bringing to the table creative solutions for debt enforcement, shareholder and partnership disputes and other commercial issues. Elliot’s practice also includes advising real estate investors and developers on some of the most challenging problems in an increasingly competitive market.

Several of Elliot’s cases are leading decisions and are frequently cited authorities. His recent decisions have included the very first decision by the Court of Appeal addressing the recent Arthur Wishart Act and the contractual duties of “good faith” between franchisors and franchisees that arise from that Act. He has successfully argued leading cases in insurance law, corporate law, estate law and civil procedure. Many of these decisions have arisen after successful argument before the Courts of Appeal in Ontario and other jurisdictions.

Elliot has also developed a unique and specialized practice area now known as “Strategic Receivable Management” – helping businesses dramatically improve their recovery of trade receivables and the timing of the collection cycle.

Elliot also counsels high net-worth clients in divorce law and marriage/cohabitation agreements. His extensive experience in commercial and business litigation has greatly assisted his clients, many of whom are (spouse’s of) business owners in ensuring an appropriate determination of income and value in business interests – crucial issues in many divorce cases.

Family law and the divorce dynamic create discreet issues of priority, creditor remedies and trust claims in an insolvency, particularly in this challenging economy. Elliot draws on his extensive experience in both business and family law issues to act in the complex area of “bankruptcy and divorce”.

Elliot also has the distinction of having achieved the highest interim spousal support award for a client in Manitoba history as well as successfully arguing the recent ground-breaking Ontario case dealing with obesity and child custody.

Elliot is the co-author of several legal publications including the Annotated Corporate Laws of Canada and Ontario and the Ontario Family Legislation. His insights are frequently sought after by print publications including National Post, Ottawa Citizen, Lawyers Weekly and Law Times, as well as for radio broadcasts.

Elliot has held positions as an Executive of the Canadian Bar Association and an instructor for the Law Society of Upper Canada’s Bar Admission Course. He completed his LL.B. at Osgoode Hall Law School and was called to the Ontario Bar in 1992.

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