Unique to Toronto, the Commercial List of the Ontario Superior Court of Justice was established in 1991 for the hearing of certain matters involving issues of commercial law. The Commercial List is made up of a team of judges who are experienced in managing complex commercial litigation.
Matters which are eligible for the Commercial List are applications, motion and actions involving certain legislation including the Bankruptcy and Insolvency Act, the Business Corporations Act (Ontario) and Canada Business Corporations Act, the Personal Property Security Act, and the Companies' Creditors Arrangement Act, among others. In addition, a party may seek leave to have a matter moved to the Commercial List if it is sufficiently commercial in character and could benefit from active case management.
Governed by a Practice Direction, the Commercial List has special procedures to expedite the hearing and determination of business matters.
The Commercial List has been met with resounding approval by commercial litigators. The advantages of the Commercial List lie primarily in the expertise of the judges in complex areas of commercial law, particularly in bankruptcy and insolvency matters. This specialized experience allows business disputes to be managed efficiently, and, as necessary, in “real time”.
