Overview
Irving Marks represented Energy Probe, a public interest advocacy group in an Application to declare the Nuclear Liability Act unconstitutional. The Nuclear Liability Act limited the liability of operators of nuclear facilities for damages arising from nuclear accidents. The case involved constitutional issues, the Charter of Rights and established that civil procedure permitted cases under the Charter of Rights to be brought by way of Application.
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Lawyers
Representative Work
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| Litigation and Dispute Resolution
Defeated Injunction to Tie Up Client Assets and Received Elevated Costs Award
MFC v Mady Collier, 2016 ONSC 4182 (CanLII) – Clients were awarded their costs on a substantial indemnity scale when they defeated a Mareva injunction which tried to tie up their assets... -
| Litigation and Dispute Resolution
Certified a Class Action
Rebuck v. Ford Motor Company, 2018 ONSC 7405 (CanLII) – Obtained a judgment certifying a proposed class action against Ford Motor Company and Ford Motor company of Canada on behalf of i... -
| Litigation and Dispute Resolution
Overturned Lower Court Decision at Ontario Court of Appeal
Birchcliffe Core-Harbour Inc. v. Pinnock, 2019 ONCA 417 – Succeeded at the Ontario Court of Appeal in obtaining damages for breach of contract when a purchase of land could not be completed,...