A partner in Dickinson Wright’s Toronto office, Ellad Gersh has a full service commercial litigation practice, with a special emphasis on real property disputes including real estate litigation, construction litigation, commercial tenancy disputes and mortgage fraud. Ellad’s business background and pragmatic approach assist his clients in resolving their business related disputes when possible. If those disputes cannot be resolved, Ellad has the experience, skill set and Courtroom pedigree to take the case to trial.
In addition to his business litigation practice, Ellad also practices in tax litigation and represents his clients in their tax-related disputes with the Canadian Revenue Agency in the Tax Court of Canada and the Federal Court of Canada.
Outside of work, Ellad is a proud husband and father of 4 boys, loves to travel and remain active and coaches competitive baseball.
Education & Credentials
Education
Osgoode Hall Law School
J.D., 2009University of Toronto
B.B.A., 2004CICA In-Depth Tax Course
Parts I and IIBar Admission
Prominent Assignments
- Successfully defended a prominent municipality in dismissing and resolving numerous construction deficiency cases relating to various government-owned construction projects.
- Successfully recovered misappropriated funds for a government agency in a fraud action; matter included a Norwich application, followed by a successful Mareva injunction and Summary Judgment Motion.
- Successfully acted for the appellant in overturning a trial judge’s decision relating to unpaid commissions and a broker’s failure to strictly comply with a written notice requirement in a listing agreement.
- Successfully acted for numerous mortgage fraud victims and obtained injunctive relief restraining mortgagee’s power of sale.
- Acted for a prominent developer in defence of a dispute concerning a failed residential development project.
- Acted for developer in a prominent tax appeal; appeared at trial in the Tax Court of Canada and on appeal in the Federal Court of Appeal.
- Acted for numerous applicants in judicial review applications brought before the Federal Court of Canada concerning tax-related disputes.
- Successfully acted for a prominent developer in Builder Arbitration Forum, overturning the findings of a Tarion assessment on a chargeable conciliation.
Professional Involvement
- Law Society of Ontario
- The Advocates' Society
- Canadian Bar Association
- Canadian Tax Foundation
Publications/Presentations
-
Co-Author, "Ontario Court of Appeal Clarifies Limitation Periods for Loans, Gifts, and Estate Claims,” Dickinson Wright Cross-Border & Canadian Business Blog, October 2024
-
Co-Author, "Commercial Lease Modifications: Why Oral Agreements Don’t Hold Up in Court," Dickinson Wright Cross-Border and Canadian Business Blog, September 2024
- Author, "What to do after falling victim to mortgage fraud,” Condo Business Magazine, June 19, 2023
- Author, “Preventing Title and Mortgage Fraud,” Condo Business Magazine, March 30, 2023
- Author, “Parties should specify rent consequences when force majeure triggered,” Renx.ca, January 17, 2022