At Kamalie Law, we act for both institutional lenders and private investors seeking to enforce their rights under a mortgage in default. Mortgage enforcement is governed by strict rules and tight timelines. However, we help our clients navigate the process with clarity and confidence, ensuring it moves forward seamlessly. Mortgage enforcement cases often involve urgency, as debtors may attempt to delay proceedings or dissipate assets. We take proactive steps to move matters forward quickly, using litigation strategies that reduce unnecessary delay and protect our clients’ prospects for recovery. Where appropriate, we also pursue related remedies such as Mareva injunctions to freeze assets or fraudulent conveyance claims to set aside transfers designed to defeat recovery. At Kamalie Law, we manage every stage of the process, including: Issuing required legal notices Initiating litigation proceedings and obtaining judgment for the outstanding debt Obtained court orders for the possession of the property Working with the Sheriff’s Office to enforce eviction orders Managing the sale and distribution of the proceeds of sale At Kamalie Law, our focus is not just on obtaining judgments but ensuring that our clients recover the funds they are owed. As a litigation-focused firm, we bring experience, judgment, and skill to every enforcement matter, guiding our clients from the time that the first notice is sent to the final resolution of the matter.

Loan agreements set out the terms under which money is advanced from a lender to a borrower. While these agreements are often written, they can also be verbal. In many cases, loan agreements are documented through a promissory note. Loan agreements are used in a wide range of settings, from commercial debt financing and construction loans to mortgage arrangements or even informal loans between friends and family. Disputes most often arise when a borrower fails to repay, when repayment terms are ambiguous, or when interest calculations are challenged. They also occur when one party claims that the money advanced was not a loan at all, but rather a gift or an investment. These contracts can also be complicated by the actions of the parties themselves. For example, if a lender consistently forgives late payments, they may be prevented from later enforcing strict deadlines. In other cases, issues arise around personal guarantees, security registered against property, or whether a loan agreement is unconscionable or voidable. At Kamalie Law, we have extensive experience both pursuing and defending claims arising from loan agreements and promissory notes. We regularly act in matters involving disputed repayment obligations, enforcement against borrowers’ property, and questions of personal liability. By using proven legal strategies, we ensure loan disputes are resolved efficiently and effectively, with a focus on protecting your position and recovering what you are owed. To date, we have recovered millions of dollars for our clients, and our track record reflects the depth of knowledge and determination we bring to every dispute. In many cases, we do not wait years for a trial. Instead, we assess whether a summary judgment motion or summary trial is available, which allows us to significantly shorten recovery time while reducing legal costs.

Investment Agreements

Investing is built on trust. For many, it represents a chance to grow savings and secure a stronger financial future. While most investment opportunities are legitimate, not all individuals operate with integrity. Some design fraudulent schemes solely to attract investor dollars, which are then diverted for personal use or hidden through complex structures. A common example is when individuals borrow money under the guise of lending or mortgage investments, promising attractive monthly interest payments. For the first few months, interest is paid regularly to build trust. Eventually, the payments stop, the principal is never returned, and investors are left with significant losses. Investor fraud can take many forms, including Ponzi schemes, investment scams, mortgage investments, misrepresentation, and financial misconduct by those entrusted with investor funds. Whatever the method, the consequences are severe and often result in financial loss, emotional strain, and a deep sense of betrayal. At Kamalie Law, we understand the toll failed investment schemes take on individuals and families, and we are committed to pursuing meaningful recovery for victims. Our litigators have dealt with many forms of investment fraud and are attuned to how these schemes are structured and how wrongdoers attempt to conceal their conduct. We are skilled at tracing misused funds, uncovering hidden assets, and building strong cases for recovery. When necessary, we obtain freezing orders and other injunctions to secure assets and prevent further dissipation until they can be recovered. At Kamalie Law, we act decisively against those responsible for fraudulent investment schemes. We pursue individuals and organizations with determination to recover misappropriated funds and hold them accountable. If you believe you are a victim of investor fraud, contact us today for a confidential consultation to discuss your options.

Agreement of Purchase & Sale

In Ontario, most real estate transactions are documented using the Ontario Real Estate Association’s standard form Agreement of Purchase and Sale. This contract addresses key matters such as the deposit, the purchase price, inspections, financing and the closing date. Disputes often arise when one party fails to honour their obligations under the Agreement of Purchase and Sale. Common breaches include a buyer failing to provide a deposit or refusing to close on the completion date, or a seller failing to deliver clear title. Misrepresentations about the property’s condition can also give rise to claims. The remedies available will depend on who is at fault. For instance, if a buyer defaults, the seller may be entitled to keep the deposit and claim damages, such as the difference between the agreed purchase price and the eventual resale price, along with carrying costs like mortgage interest, insurance, or moving expenses. However, if a seller defaults, the buyer may claim damages for the cost of securing a comparable property, moving or storage fees, and other losses directly caused by the failed transaction. In some cases, the innocent party may seek specific performance, which is a court order requiring the defaulting party to complete the transaction. This remedy is generally reserved for situations where the property is considered unique and monetary damages would not be an adequate substitute. At Kamalie Law, we act for both buyers and sellers in disputes arising from Agreements of Purchase and Sale. Our litigation team has pursued claims where buyers have failed to close, and we have also represented buyers who could not close due to circumstances beyond their control. We have also litigated claims involving misrepresentation, hidden defects, and disputes against sellers, builders, and even real estate agents. In appropriate cases, we have sought specific performance to compel a transaction to proceed. Having handled a wide range of real estate disputes, we understand that the appropriate remedy depends on each client’s unique goals. We take the time to understand those goals and craft a litigation strategy designed to achieve the best possible outcome for your situation. Common Real Estate Disputes We Handle: Breach of Agreements of Purchase and Sale Failure or refusal to close Misrepresentation by sellers, agents, or brokers Hidden or undisclosed defects (patent and latent) Partition and sale of jointly owned property Residential and commercial property disputes Urgent injunctions and Certificates of Pending Litigation Specific performance claims

Construction Agreements

Construction disputes often arise when renovations or repairs do not go as planned. From a homeowner’s perspective, common issues include defective workmanship, inflated or unauthorized charges, and delays in completing work. Contractors, on the other hand, may face disputes over non-payment or premature termination of their contracts. Defective workmanship can stem from improper installation, failure to meet building codes, or the use of unsuitable materials. Whether the contract is written or verbal, contractors have an obligation to perform their work in a proper, workmanlike manner, and in compliance with the applicable building and safety codes. Where they fail to do so, homeowners may be entitled to damages, including the cost of repairs, reimbursement of amounts paid, or lost rental opportunities. Disputes over overcharging and unauthorized work are also common. Renovation and repair costs must be reasonable unless the parties have expressly agreed otherwise. Contractors cannot charge for work that was never authorized, although courts will sometimes look at the parties’ conduct to decide whether consent was implied. Remedies may include repayment of excessive charges or the cost of removing unauthorized work. Timeliness is another recurring issue. While written contracts often contain completion dates and “time is of the essence” clauses, many agreements are verbal or silent on timing. In those cases, the law requires work to be completed within a reasonable period, based on the nature of the project and external factors, such as supply chain delays or events like the COVID-19 pandemic. Unreasonable delays may entitle the client to damages or termination of the contract. From a contractor’s perspective, disputes frequently involve non-payment of invoices or wrongful termination of the contract. In such cases, contractors may register a construction lien against the property, preventing the owner from selling or mortgaging the property until the dispute is resolved. Contractors may also bring claims for damages to recover payment due under the agreement or seek remedies where a client has improperly terminated a contract. At Kamalie Law, we represent both homeowners and contractors in construction disputes. We have handled cases involving renovation projects of all sizes as well as large-scale construction contracts. Our litigation team understands the unique issues that arise in these matters and takes a no-nonsense, results-driven approach to protecting our clients’ interests. We have successfully pursued claims against contractors, including actions against one of Ontario’s largest and most heavily advertised renovation companies. We have also acted in cases where contractor companies have gone bankrupt and we have pursued the directors personally for improper conduct. Our experience gives us the insight and judgment to navigate complex construction disputes and to pursue the remedies that best protect our clients’ interests. Common Construction Disputes We Handle: Construction defects Poor workmanship Contractor negligence Fraud on the part of the contractor Breach of contract Residential property defects Failure to complete work

Shareholder Agreements

Shareholder disputes often arise when the vision of certain shareholders does not align with that of other shareholders, directors, or officers. They can also occur when a shareholder is treated in an oppressive manner. For instance, where their rights are ignored, their interests disregarded, and they are unfairly excluded from the decision-making process. These disputes are particularly common for minority shareholders, who may hold only a small portion of the company but are disproportionately affected by the decisions of majority owners. Serious conflicts may involve mismanagement, misappropriation of company funds or opportunities, or actions that decrease share value without proper consultation. Like most business disputes, shareholder conflicts can be both financially and emotionally draining. Where possible, they may be resolved through arbitration or mediation. Many shareholder agreements contain arbitration clauses. Where alternative resolution is not an option, Kamalie Law is prepared to commence litigation and advocate for your rights. Our firm has extensive experience handling a wide range of shareholder disputes, including oppression remedy claims, breaches of shareholder agreements, buyout and valuation disputes, fraud and misappropriation claims, and derivative actions against directors or officers. At Kamalie Law, we know that shareholder disputes can threaten both the value of an investment and the future of a business. Our practical, results-driven approach focuses on identifying the most effective path forward, whether through negotiation, alternative dispute resolution, or litigation, to protect your rights and secure the outcome that aligns with your goals. Common Shareholder Disputes We Handle: Breach of shareholders’ agreement Asset sale disputes Breach of fiduciary duty Buy-out rights disputes Derivative claims Fraud Oppression remedies Sale of business disputes Valuation disputes The Oppression Remedy The oppression remedy is one of the most powerful protections available to shareholders and other stakeholders of a corporation. It allows shareholders, directors, officers, creditors, and other complainants to ask the court for relief where their reasonable expectations have been unfairly disregarded or they have suffered unfair prejudice due to the conduct of a corporation, its directors, or its majority shareholders. Courts have found oppression in a variety of situations, including: Minority shareholders are being excluded from profits or decision-making A controlling shareholder is managing the business for personal benefit Misappropriation of corporate funds or payment of excessive salaries to family and friends Withholding material information or failing to provide proper disclosure Attempts to unfairly eliminate or expel a shareholder When oppression is established, courts have broad discretion to fashion remedies that fit the circumstances. These may include restraining the conduct complained of, ordering the purchase or sale of shares, setting aside improper transactions, awarding compensation, or, in extreme cases, winding up the corporation. At Kamalie Law, we have experience advancing and defending both oppression remedy claims and derivative actions. These cases are high-stakes and often contentious, requiring a deep understanding of corporate governance and a practical, results-driven litigation strategy.

Non-Competition Agreements

Non-competition agreements (or “non-compete clauses”) are designed to prevent an individual or entity from competing with another party within a defined geographic area and for a set period of time. They are most often signed by employees, directors, officers, or shareholders and are intended to protect a business from losing its confidential information, trade secrets, or clientele to departing parties. To be enforceable, they must be reasonable in scope and not contrary to the public interest. Determining enforceability is always case-specific, but courts generally consider three key factors: whether the employer has a legitimate proprietary interest to protect; whether the duration or geographic reach of the clause is overly broad; and whether the restriction goes beyond protecting customers and instead seeks to eliminate competition altogether. Put simply, a non-compete clause cannot extend further than what is necessary to safeguard the business’ legitimate interests. When a non-competition agreement is breached, the consequences can be significant. Companies may suffer financial loss, reputational harm, or both, and the courts may grant remedies including damages or injunctions to prevent further violations. Departing employees or business partners, on the other hand, often need strong advocacy to challenge the enforceability of a non-compete clause. In many cases, these clauses are drafted too broadly and can be struck down, allowing individuals to continue their business or professional pursuits without obstruction. At Kamalie Law, we represent both businesses seeking to enforce non-competition agreements and individuals defending against them. Our team has experience navigating the complex legal framework that governs these disputes and provides practical, strategic advice to protect our clients’ interests on either side of the issue.

Non-Solicitation Agreements

Non-solicitation agreements are designed to prevent a departing employee, officer, or business partner from pursuing the company’s clients or attempting to recruit its employees. These agreements typically apply for a set period of time after the individual leaves and may be limited to a particular geographic area. Courts generally view non-solicitation agreements as more enforceable than non-competition clauses, provided they are reasonable in scope and duration. When a non-solicitation agreement is breached, the harm to a business can be significant — including loss of revenue, damage to relationships, and reputational impact. In these cases, remedies may include damages or injunctions to stop the prohibited activity. From the perspective of a departing individual, however, these clauses are not always enforceable. Many are drafted too broadly or applied unfairly, and strong advocacy is often required to challenge them and protect the right to continue professional or business activities without restriction. At Kamalie Law, we represent both businesses seeking to enforce non-solicitation agreements and individuals defending against them. Our litigation team understands the legal nuances that determine enforceability and brings a strategic, results-driven approach to protecting our clients’ interests.

Debt / Loan Recovery | Kamalie Law

Q: Promissory Note Enforcement

Promissory notes / loan agreements are contracts where a lender advances money to a borrower, with or without interest. While these agreements are often written, they can also be verbal — and both can be legally enforceable. In many cases, loan agreements are documented through a promissory note. Loan agreements are used in a wide range of settings, from commercial debt financing and construction loans to mortgage arrangements or even informal loans between friends and family. Disputes most often arise when a borrower fails to repay, when repayment terms are ambiguous, or when interest calculations are challenged. They also occur when one party claims that the money advanced was not a loan at all, but rather a gift or an investment. These contracts can also be complicated by the actions of the parties themselves. For example, if a lender consistently forgives late payments, they may be prevented from later enforcing strict deadlines. In other cases, issues arise around personal guarantees, security registered against property, or whether a loan agreement is unconscionable or voidable. At Kamalie Law, we have extensive experience both pursuing and defending claims arising from loan agreements and promissory notes. We regularly act in matters involving disputed repayment obligations, enforcement against borrowers’ property, and questions of personal liability. By using proven legal strategies, we ensure loan disputes are resolved efficiently and effectively, with a focus on protecting your position and recovering what you are owed. To date, we have recovered millions of dollars for our clients, and our track record reflects the depth of knowledge and determination we bring to every dispute. In many cases, we do not wait years for a trial. Instead, we assess whether a summary judgment motion or summary trial is available, which allows us to significantly shorten recovery time while reducing legal costs.

Q: Commercial Debt Collection

For small and medium-sized businesses, steady cash flow is critical. When another business fails to pay, the consequences can be immediate and serious. Unpaid invoices, breached contracts, or overdue accounts strain resources, disrupt operations, and stall growth. Collecting on these debts is often time-consuming and frustrating, especially when debtors ignore demands or dispute their obligations. At Kamalie Law, we act for businesses across Ontario to recover commercial debts efficiently and effectively. We have commended and defended many commercial debt claims and are well-versed in the strategies that lead to successful outcomes. Our lawyers handle a wide range of B2B recovery matters, including: Unpaid invoices for goods or services Breached service or manufacturing agreements Corporate loans and advances Lease and rent arrears Unpaid professional services fees Franchise royalties and fees Commission and referral fee disputes Our seasoned litigation lawyers understand the challenges businesses face when debts go unpaid. Kamalie Law brings a practical, results-focused approach to every file. Where possible, we resolve matters quickly through negotiation. When litigation is necessary, we act decisively to secure payment and protect our clients’ interests, so that they can remain focused on stability and growth.

Q: Fraudulent Conveyance & Asset Tracing

A fraudulent conveyance occurs when a debtor intentionally transfers assets out of their name to avoid paying debts or potential judgments. These transfers are often made to shield property or other assets from creditors. Under Ontario’s Fraudulent Conveyances Act , creditors have powerful remedies. Courts can set aside fraudulent transfers, trace assets, and restore them to the debtor’s estate, allowing creditors to recover. The Act applies broadly, including to anyone holding an unpaid court judgment. Some common indicators of a fraudulent conveyance include: Transfers to family members, friends or other non-arm’s length parties; Assets sold or transferred below fair market value; Assets sold or transferred outside the ordinary course of business; and/or Transfers made on the eve of default, judgment, or throughout a legal proceeding At Kamalie Law, we have years of experience uncovering and litigating fraudulent conveyance cases. We have successfully traced assets that have been transferred across Ontario. Our team of seasoned litigators are skilled in using the full range of legal remedies available to protect our clients, including obtaining court orders to freeze assets and advancing claims to set aside improper transfers.

Q: Injunctions & Urgent Motions

At Kamalie Law, we have years of experience bringing injunctions and urgent motions, acting quickly to protect our clients when time is of the essence. Injunctions and urgent motions are specialized tools used prior to a trial of an action which are designed to, among other things, preserve the status quo, protect rights, and stop harm before it becomes irreversible. For example, we may seek orders to prevent a property from being sold while title disputes are resolved, freeze bank accounts when a debtor is trying to hide or dissipate assets, or put in place disclosure orders to uncover hidden information. These remedies are not just powerful—they often make the difference between full recovery and walking away with little. Our process is built on speed, precision, and strategy. From the moment a potential urgent risk is identified, we assess whether there are legal grounds to move immediately. We have successfully argued ex-parte (without notice) motions, Mareva injunctions, Certificates of Pending Litigation, and injunctive relief in both domestic and cross-border scenarios. Our litigation team works with forensic experts and other specialists when needed, ensuring the evidence is solid, the motion is well prepared, and our clients are in the strongest possible position from day one. Choosing Kamalie Law for injunctions and urgent motions means you get a firm that refuses to wait. We insist on not letting defendants delay proceedings and use well-honed legal strategies to accelerate claims, protect assets, and secure remedies that preserve your rights.

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Debt / Loan Recovery

At Kamalie Law, we act for individuals and businesses who are owed money but are facing debtors who refuse to pay. We handle all types of debt claims, whether secured or unsecured. Many of these cases involve promissory notes or investment schemes where interest is promised, partial payments are made for a time, and then the debtor stops paying altogether or fails to repay the principal at the end of the term.

Our debt/loan recovery practice is built on years of experience and results. We have recovered millions of dollars for clients who were told their money was gone or who faced debtors who did not want to pay. With debt/loan recovery claims, time is usually of the essence. We use proven legal strategies to move quickly and efficiently. In many cases, we do not wait years for a trial. Instead, we commence litigation promptly and, where it is appropriate, we bring a summary judgment motion, which can cut recovery time significantly and reduce legal costs. We assess each file to determine whether this approach should be taken.

In many debt recovery cases, there is also an element of wrongdoing, such as fraud or misrepresentation. This may include situations where an “investment” never existed or where funds were borrowed with no intention of repayment. In such cases, we take additional steps to protect our clients. Where appropriate, we bring Mareva motions, which are powerful court orders that freeze a debtor’s assets before judgment to ensure they cannot move or conceal funds. We have successfully obtained Mareva injunctions in numerous matters, preventing debtors from dissipating assets while proceedings are ongoing. We also pursue fraudulent conveyance claims when debtors transfer assets to family or friends in an effort to defeat recovery.

Common Types of Debt/Loan Recovery Disputes We Handle

Promissory Note Enforcement

Promissory notes set out the terms under which money is advanced from a lender to a borrower. Disputes often arise when borrowers fail to repay the principal or interest, when repayment terms are unclear, or where there has been misrepresentation or fraud.

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Failed Investment Schemes

Failed investment schemes often appear as legitimate opportunities but are designed only to mislead investors and divert their funds. often, investors are drawn in with promises of steady returns, only to see payments stop and their principal disappear.

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Commercial Debt Collection

When invoices go unpaid, contracts are breached, or accounts fall into arrears, a business’s cash flow can quickly tighten, creating financial strain that disrupts daily operations, limits growth, and undermines overall stability.

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Mortgage Enforcement

Mortgage enforcement requires strict compliance with rules and timelines, and delays can quickly erode recovery prospects. Acting promptly and strategically can make the difference between a successful recovery and a costly shortfall.

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Fraudulent Conveyance & Asset Tracing

Fraudulent Transfers

Fraudulent conveyances occur when debtors transfer assets to others in an effort to avoid paying creditors. Courts can set aside these transfers, trace assets, and return them to the debtor’s estate for recovery.

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Injunctions & Urgent Motions

Injunctions and urgent motions are powerful tools used to preserve rights and stop harm before it becomes irreversible. They allow parties to act quickly to secure assets, maintain the status quo, and prevent significant losses.

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