Joseph A. Longo

Associate

Areas of Practice: Litigation

Direct: 905.287.2208

Joseph A. Longo

Joseph is a member of the firm’s litigation group and has acted as trial and appellate advocate for a diverse range of clients on a broad spectrum of complex legal issues including shareholder disputes, insolvency, class action litigation, professional negligence, aboriginal law and general commercial litigation.

Joseph was educated at the University of Miami (2000, BBA) and at the University of Ottawa (2003, LLB). Prior to completing his articles with a litigation boutique in Toronto, Joseph was a summer student with Feltmate Delibato Heagle LLP.

Joseph is also a member of Boxing Ontario and is a licensed Boxing Judge with the Canadian Amateur Boxing Association. He serves on the Board of Directors of various corporations and is a member of the Institute of Corporate Directors.

Joseph regularly appears before various courts and administrative tribunals including the Ontario Superior Court of Justice, the Ontario Divisional Court, the Ontario Court of Appeal, the Federal Court of Canada and the Tax Court of Canada.

Joseph specializes in civil litigation and has acted as counsel on various actions, applications, arbitration and appeals.
He has been particularly active in all areas of commercial disputes relating to shareholder rights and debt recovery.
Highlights of Joseph’s litigation career include the following reported cases:

Reported Cases:

Conducted the trial of an action on behalf of the plaintiff in an action against to recover funds misappropriated while the Defendants were employed by the Plaintiff. In his unreported reasons for decision released on September 8, 2008, Mr. Justice Frank J.C. Newbould decided in favour of the Plaintiff and awarded damages in the amount of $239,632.00, full indemnity costs, pre-judgment and post-judgment interest compounded semiannually at 6% and a declaration which characterized the debt created by the judgment as one arising out of fraud, embezzlement, misappropriation or defalcation while acting in a fiduciary capacity for the purpose of section 178(1)(d) such that the debt survives any subsequent bankruptcy of the Defendants.
Appeared as co-counsel for two (2) defendants in a six-week trial of an issue considering the oppression provisions of the Ontario Business Corporations Act. The Applicant employee sought various relief, including a declaration that he was a 40% owner in his employer and all related companies. The decision of Mr. Justice Peter Cumming is reported as Fedel v. Tan 2008 CanLII 46697 (S.C.J.).
Appeared as Co-counsel for an Applicant who was a minority shareholder in a legal proceeding involving the oppression provisions of the Ontario Business Corporations Act. In an unreported decision, dated December 5, 2008, Madam Justice Pepall reversed many of the corporate policies unilaterally put into place by the majority shareholders.
Successfully appeared as lead counsel for the Respondent on an appeal of a trial decision of Mr. Justice James Spence who awarded damages to a Plaintiff in order to rectify a breach of the trust provisions of the Construction Lien Act. The decision of Ontario Court of Appeal is reported as Total Crane Erectors Ltd. v. T.F. Structures Group Inc. et al. [2007] O.J. No. 690 (O.C.A.).
Appeared as co-counsel in application for judicial review on behalf of seven (7) First Nations which sought to prevent the proposed transfer of 7000 acres of Crown land third parties on the basis that the Crown had failed to discharge its constitutional duty to engage in meaningful consultation. The hearing took place before a three judge panel over the course of five days. The decision of the panel is reported as Hiawatha First Nation et al. v. Ontario (Minister of the Environment) [2007] O.J. No. 506 (Div. Ct.).
Successfully appeared as lead counsel for Defendants who were responding to a motion for summary judgment whereby the moving party plaintiff was seeking the sum of $136, 652.10 from the Defendants and an order dismissing the Defendants’ counterclaim. The motion was dismissed and the Defendants were awarded $12,000.00 in legal costs. The decision of Mr. Justice Guy Di Tomaso and his decision on costs are reported as 1519054 Ontario Ltd. v. 1465351 Ontario Inc. [2006] O.J. No. 2541 (S.C.J.) and 1519054 Ontario Ltd. v.
1465351 Ontario Inc. 2006 CanLII 31200 (S.C.J.) respectively.
Successfully appeared as lead counsel on a change of venue motion on behalf of the Plaintiff in a solicitors’ negligence action. The decision of Master Brott is reported as 1466137 Ontario Ltd. v. Capo, Sgro, Dilena, Hemsworth [2006] O.J. No. 1913 (S.C.J.). Reference is made to this decision by the authors of the Ontario Superior Court Practice, 2008 Edition, which is published by LexisNexis Canada.
Appeared as co-counsel on behalf of the Plaintiff whereby one of the Defendants was seeking an Order forcing the plaintiff or the plaintiff’s solicitors to post security for costs. The motion was dismissed. The decision of Mr. Justice Ian Nordheimer is reported as Intellibox Concepts Inc. v. Intermec Technologies Canada Ltd et al. [2005] O.J. No. 1087 (S.C.J.).
Appeared as co-counsel for the Plaintiffs in oppression remedy proceeding that were successful in having the action stayed pursuant to the Arbitrations Act and referred to arbitration. The decision of Madam Justice Joan Lax has been reported as Legacy Leather International Inc. v. Ward [2006] O.J. No. 3014 (S.C.J.).

Publications and Articles

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