We try cases and argue appeals throughout Canada and the U.S. regarding civil and criminal matters for individuals, companies, and governments.

Regarding civil matters, we have represented clients concerning: (1) theft of trade secrets; (2) termination of a franchise; (3) product liability; (4) defamation; (5) trademarks; (6) copyright; (7) Employee Retirement Income Security Act or ERISA; (8) tax disputes; (9) wills and estates; (10) employment, both management and labor; (11) family law; (12) workplace investigations; (13) Foreign Sovereign Immunities Act; (14) automobile assembly lines; (15) oil and gas well fire and explosion; (16) plant shut-down; (17) personal injury; (18) breach of contract; and (19) negligent and intentional torts.

Turning to criminal matters, we have acted for clients regarding: (1) theft; (2) assault; (3) great bodily harm less than murder; (4) driving under the influence; (5) destruction of property; (6) public intoxication; (7) extradition; (8) bail; (9) conspiracy; (10) trafficking narcotics within the U.S. and across an international border; (11) probation violations; (12) illegal search and seizure; (13) double-jeopardy; and (14) ineffective assistance of counsel.

Recent Wins​

• December 2021, McTavish Law Stops Trademark Infringer. McTavish Law, on behalf of a multi-national company that designs, manufactures, and distributes electric motor vehicles, stopped a Canadian company in Toronto, Ontario from infringing the registered Canadian trademark of that multi-national company by sending the Canadian company a cease and desist letter, which resulted in that company removing, at its own expense, offending signage from the exterior of its building in which its headquarters are based. (See our partner, Mr. Chris Chekan’s post on his LinkedIn page that explains how to draft a proper cease and desist letter under Canada’s Trademark Act.)
• September 22nd, 2021, before examinations for discovery (depositions) were to begin, a client of McTavish Law, a Canadian subsidiary of a multi-national company, was dismissed from the case and the Ontario Superior  Court of Justice subsequently awarded costs (attorney’s fees and disbursements) of $62,962.78 to that subsidiary.
• On October 8th, 2020, we obtained the dismissal, with prejudice, of a product liability claim in the Ontario Superior Court of Justice that sought millions of dollars in damages to clean up a fuel oil spill from our client, a German Multi-National company. The court will subsequently determine whether our client is entitled to its costs to defend the action, i.e. attorney’s fees, and if so, in what amount.​
• In January 2020, at mediation, we obtained Can. $350,000 for the former President of the Canadian subsidiary of a U.S. multinational pharmaceutical company who had been fired for just cause for alleged fraud and improper relationships after less than two years of service.
• September 23rd, 2019, we obtained dismissal, with prejudice, of an IRS petition for an alleged deficiency for the 2016 tax year, penalties, and interest on behalf of an individual.
• July 29th, 2019, we obtained dismissal, with prejudice, based on no liability, of a product liability action regarding an alleged defective fuel oil filter of a Fortune 500 client. ​

Past-Successes​

• Successfully obtained dismissal, of our client, with prejudice and without payment of damages, costs, from product liability lawsuit involving a fuel oil filter.
• Successfully blocked preliminary injunction for client, a hospital, to disgorge four hundred thousand dollars and pay it into court pending trial.
• Successfully obtained, as appellate counsel, an order for leave to appeal to the Michigan Court of Appeals two convictions for stalking and an adverse Ginther judgment.
• Successfully obtained an order from the Ontario Court of Appeal that quashed an appeal to that Court based on a lack of jurisdiction, and our client’s costs (i.e. attorney’s fees and disbursements) by that Court.
• Successfully obtained an order from the Ontario Superior Court dismissing, with prejudice, an action involving defective design, manufacture, and failure to warn of a fuel oil filter that caused more then 1 million dollars in environmental remediation damages.
• Successfully obtained an order to dismiss, with prejudice, and without leave to amend, claims of fraud, civil conspiracy, and common law and statutory conversion, and our client’s attorney’s fees, in an action before the United States District Court for the Eastern District of Michigan.
• Successfully obtained dismissal of a motion by plaintiff for leave to amend its complaint after the close of discovery in an action before the United States District Court for the Eastern District of Michigan.
• Successfully brought a motion for an order to plead limitation period as an affirmative defense in an action before the Ontario Superior Court.
• Successfully argued at trial, and at all appeals, including the Supreme Court of Canada, that a Fortune 500, Tier 1, automotive parts supplier’s assembly line is not lienable under Ontario’s Construction Lien Act. Obtained attorney’s fees (costs) at every stage of the proceeding.
• Successfully argued at motion in Federal District Court that the Government of Canada, certain of its Ministries, and certain of its Ministers and its Deputy Ministers, should be dismissed, with prejudice, from an action based on The Foreign Sovereign Immunities Act in which action an African-American rapper had sought nine hundred million dollars in damages based on racial discrimination.
• Successfully obtained dismissal, with prejudice, in Michigan Circuit Court of a felony charge of assault causing great bodily harm, less than murder, against defendant following preliminary hearing.
• Successfully prosecuted an Ontario Superior Court action, and involved in the successful prosecution of a Kentucky Federal District Court action, which latter judgment was affirmed by the Federal Sixth Circuit Court of Appeals, involving a Canadian Company’s theft of trade secrets, specifically brake pad formulas, from a U.S. Company. Obtained damages in the seven figures and attorney’s fees (costs).
• Successfully obtained dismissal, with prejudice, plus attorney’s fees (costs), after discovery, of an action in the Ontario Superior Court that alleged a Fortune 500, Tier 1, automotive parts supplier had defectively designed, manufactured, and failed to warn of defects in its brake rotors.
• Successfully obtained dismissal, with prejudice, after discovery, of an Ontario Superior Court action that alleged a Fortune 500, Tier 1, automotive parts supplier, had defectively designed, manufactured, and failed to warn of defects in its steering knuckles.
• Successfully obtained dismissal, with prejudice, on summary disposition in Michigan Circuit Court, of an action by a competitor against a Tier 2 automotive parts supplier and its executives regarding theft of trade secrets.
• Successfully obtained dismissal, with prejudice, after discovery, of an action in the Ontario Superior Court that alleged a Fortune 500, Tier 1, automotive parts supplier had defectively designed, manufactured, and failed to warn of defects in its brake hoses.
• Successfully removed Michigan Circuit Court action to Federal District Court and then obtained dismissal, with prejudice, of an action that alleged a Canadian distributor had breached its distributorship agreement with a U.S. Company.
• Successfully obtained summary disposition in Michigan Circuit Court, which judgment was upheld by the Michigan Court of Appeals, of an action that alleged a developer had built and sold defectively designed condominiums.
• Successfully obtained recognition and enforcement in Ontario Superior Court of a Kentucky arbitration award of damages and an award of attorney’s fees regarding the purchase of a thoroughbred racehorse on behalf of the world’s largest broker of such horses. Obtained attorney’s fees (costs) of the Ontario application.
• Successfully obtained letters rogatory from Federal District Court to examine non-parties in Ontario, Canada in aid of an action in Federal District Court.
• Successfully obtained dismissal, with prejudice, plus attorney’s fees (costs) of several Ontario Superior Court actions involving defective design, manufacture, and failure to warn of defects in fuel oil filters.
• Successfully obtained dismissal, with prejudice, plus attorney’s fees (costs) of Québec Superior Court action involving defective design, manufacture, and failure to warn of defects in an oil filter.
• Successfully obtained dismissal, with prejudice, of a Nova Scotia, Canada action involving defective design, manufacture, and failure to warn of defects in a fuel oil filter.
• Successfully obtained dismissal, with prejudice, of an Ontario Superior Court action involving defective design, manufacture, and failure to warn of defects in an oil filter.
• Successfully obtained, on appeal to the Ontario Court of Appeal, an eight-month reduction of notice damages to an employee whose employment had been terminated because of a plant closure, plus costs of the appeal.
• Successfully obtained dismissal, with prejudice, plus attorney’s fees (costs) of an Ontario Superior Court action by an employee against an employer for wrongful dismissal because of frustration of contract and fraud by an employee.
• Successfully obtained vacation of defendant’s plea of no contest and reversal of his two convictions for probation violations arising out of a drunk and disorderly charge and stalking charges in Michigan District Court.
• Successfully obtained dismissal of actions against an insurer in Scott Ponzer cases before the Ohio Courts of Common Pleas and Ohio appellate courts based on lack of jurisdiction.
• Successfully obtained dismissal of action, with prejudice, in Federal District Court, which was affirmed by the Sixth Circuit Court of Appeals, of action involving defective design, manufacture, and failure to warn of brake electrical switches.