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Benjamin M. Bathgate
Partner
Toronto
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Tel :
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416.307.4207
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Fax :
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416.865.7048
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Professional Experience Ben is a partner in the firm's Litigation and Dispute Resolution Group. His practice is focused on complex corporate and commercial litigation, with experience in the areas of breach of contract, professional negligence, product liability, economic torts, defamation, shareholder disputes, real estate disputes and insurance. Ben has expertise in several specialized areas of law, including commercial fraud, cross-border litigation and franchise and distribution disputes.
Ben has extensive experience defending franchisors and distributors from a variety of claims, including rescission remedies for late or allegedly deficient disclosure and claims alleging failure to disclose material facts and misrepresentations in the disclosure document or in the statement of material change. He also has experience in the application of the Arthur Wishart Act (Franchise Disclosure) to dealer, distributor and licensee relationships.
Ben has built a diverse client base including both foreign and domestic companies, which spans various industries, including franchising, automotive, marketing, banking and insurance. His clients include franchisors, manufacturers, professionals, consulates, embassies, an insurance company and a banking institution. In addition to his Canadian clients, he represents U.S. and international clients that seek remedies or legal advice in Ontario and helps them navigate jurisdictional issues and the distinct types of rules and procedure that distinguish the Ontario court process from that of foreign courts. He has assisted his international clients in enforcing foreign judgments, unraveling complex fraud and obtaining evidence in Ontario (Letters Rogatory).
Ben has both trial and appellate level experience and has appeared as counsel before various levels of Court. He has appeared as counsel before the Ontario Superior Court of Justice, the Divisional Court and the Court of Appeal for Ontario. He has also acted as counsel in proceedings before and made written submissions to the Supreme Court of Canada. He has assisted clients in obtaining various forms of relief from the Courts, including damages, declaratory relief and injunctive relief.
Ben has acquired considerable experience in alternative dispute resolution, engaging in various complex, multi-party settlement negotiations, mediations and arbitrations with both domestic and foreign clients in a wide variety of areas of law.
Ben's writing on what is now the Ontario Apology Act has been considered in the Ontario Legislature and in legislative committees.
Ben is a member of the University College (University of Toronto) and the Bucerius Law School alumni associations and actively participates in various university mentorship programs.
Representative Superior Court and Appellate Court Decisions
Lechuga 1 Ltd. v. Lettuce Eatery Development Inc., (2011) CarswellOnt 8213 (Ont. S.C.J.) – opposed an application brought by three franchisees under the Arthur Wishart Act (Franchise Disclosure) claiming rights of rescission for allegedly deficient disclosure and successfully obtained an order converting the application into an action and a hybrid trial process
Sigrist v. McLean, (2011) CarswellOnt 14424 (Ont. S.C.J.) – successfully obtained a trial decision enforcing an oral option to purchase a commercial property under lease and obtained an award of various damages, including punitive damages, for that commercial client.
Batkov v. Starwood Industries Global Corp., (2010) CarswellOnt 10090 (Ont. S.C.J. Div. Crt.) – successfully opposed a Divisional Court appeal and upheld an order granting an administrative dismissal of an action brought against a merchant bank client, upholding a multi-million dollar share purchase transaction.
Sincies Chiementin S.p.A. (Trustee of) v. King (2010) CarswellOnt 8996 (Ont. S.C.J.) – defended an action and a summary judgment motion seeking to enforce a foreign judgment in Ontario on grounds of jurisdiction, natural justice and public policy.
R.S.W.H. Vegetable Farmers Inc. and 1427868 Ontario Ltd. v. Bayerische Landesbank Girozentrale and Ontario Peninsula Farms Ltd., 2010 CanLII 69207 (S.C.C.) – successfully opposed an application for leave to appeal to the Supreme Court of Canada with respect to a proceeding under the Farm Debt Mediation, which sought to render null and void the enforcement of a registered charge.
Strassle Informationssysteme Holding GmbH (Trustee of) v. Sieber, (2010) ONCA 604 (CanLII) (Ont. C.A.) – successfully defended a challenge to an Ontario Judgment enforcing a foreign banking client's award in Europe, and successfully opposed the subsequent appeal in the Court of Appeal for Ontario.
Bayerische Landesbank Gironzentrale v. Sieber, 2008 CanLII 28753 (ON S.C.) – successfully set aside an earlier dismissal of a complex fraudulent conveyance claim.
publications and presentations
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- litigation and dispute resolution
- alternative dispute resolution
- cross-border litigation
- defamation
- franchise and distribution
- insurance
- product liability
- Canadian Bar Association
- Ontario Bar Association, The Franchise Law Section
- Canadian Franchise Association
- International Franchise Association
- The American Chamber of Commerce in Canada
- Advocates' Society
- Toronto Lawyers Association
Called to the Ontario bar
- 2005
Dalhousie University, LLB
- 2004
Bucerius Law School (Hamburg, Germany), International and Comparative Business Law Program
- 2003
University of Toronto, BA (Hons. with High Distinction)
- 2001
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