Xavier Navarrete

E-mail: xnavarrete@nplaw.ca
Direct Phone: 647-259-1772
Direct Fax: 647-259-1775
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Practice Areas

Xavier is an experienced civil litigation lawyer, with a focus on franchise, insurance and commercial litigation. Xavier has attended trials, appeals and motions before the Ontario Court of Appeal and the Superior Court of Justice.

Xavier has handled cases against some of the leading franchisors in Canada, has been on the opposing side against the leading law firms in Ontario, and has argued some of the most critical and complex franchise cases in Ontario.

Xavier has a tough, pragmatic and client focused approach to litigation, never losing sight of the ultimate business objective of the client.

Experience

Xavier has experience in the following areas:

  • Franchise rescission and breach of good faith cases
  • Review of franchise agreements to ensure compliance with the Arthur Wishart Act (Franchise Disclosure)
  • Enforcement of foreign judgments (including defence of Federal Trade Commission (FTC) proceedings)
  • International disputes involving the sale of goods, services, and licensing of technology
  • Complex trials including:
    • Breach of contract proceedings (including insurance and franchise matters)
    • Breach of duty claims (professional, fiduciary, and good faith)
    • Bad faith claims against insurers
    • Subrogation claims against third party tortfeasors
    • Partnership and Shareholders’ Disputes
    • Injunctive relief
    • Oppression remedy under both the Canada Business Corporation Act (CBCA) and the Ontario Business Corporations Act (OBCA)
    • Intellectual property disputes involving:
      • Copyright
      • Trade-marks

Professional Activities

Xavier is an active member of the following organizations:

  • Law Society of Upper Canada
  • Advocates’ Society
  • Computer Lawyers Group
  • Hispanic Ontario Lawyers Association

Credentials

Xavier received an LL.B. from York University in 1998 and was called to the Bar in February 2000. Xavier is a member of the Ontario bar.

Xavier is fluent in Spanish.

Significant Cases

  • Garland v. Enbridge Gas Distribution Inc., 2008 ONCA 1
  • Lisyikh v. Canadian Law Enforcement Training College, [2007] O.J. No. 3621 (S.C.J)
  • Peel School District No. 19 v. 553518 Ontario Ltd. (c.o.b. Munden Park Electric), [2000] O.J. No. 4681 (S.C.J.)
  • Reynolds v. Kajin, [2004] O.J. No. 5070 (S.C.J.)
  • MDG Kingston Inc. v. MDG Computers Canada Inc., (unreported), Court File 102/07 (S.C.J.)
  • Peel School District No. 19 v. 553518 Ontario Ltd. (c.o.b. Munden Park Electric), [2000] O.J. No. 3581 (S.C.J.)
  • Williams (Litigation guardian of) v. Barnett, [2000] O.J. No. 3815 (S.C.J.)
  • Williams (Litigation guardian of) v. Barnett, [2001] O.J. No. 110 (S.C.J.)
  • 1460904 Ontario Inc. (c.o.b. MDG Computers Scarborough) v. MDG Computers Canada Inc., [2006] O.J. No. 4390 (S.C.J.)
  • Bruno Appliance and Furniture Inc. v. Cassels Brock & Blackwell LLP, [2007] O.J. No. 4096 (S.C.J.)

Articles

When Anton Piller Order Goes Wrong!

February 2009
Xavier Navarrete

Late fees crusader finally gets his dues

National Post, January 21, 2008
Shannon Kari
Xavier Navarrete was interviewed and quoted for this article (Xavier Navarrete and John Navarrete (of Greenspan Partners) were counsel for Mr. Garland)

$200 Million in Lawsuits Against Firm

The Law Times, January 2006
Kirsten McMahon
Xavier Navarrete was interviewed and quoted for this article

Ministry of Economic Development and Trade

“Doing Business in Ontario” Seminar, January 2006
Xavier Navarrete was a guest speaker on the topic of franchising in Ontario

Planning For Your Death: The Will as an Indispensable Tool

November 2005
Xavier Navarrete

Buying a Home? Important Considerations When Things Go Wrong

Toronto, Ontario, June 29, 2005
Xavier Navarrete & Sandy Yeung

Damages for Personal Injury in Ontario

Toronto, Ontario, January 24, 2005
Xavier Navarrete

Canadian Federal Court Dismisses Motion to Compel ISPs to Disclose Identity of File Sharers

World Copyright Law Report, April 2004
Javad Heydary & Xavier Navarrete

Supreme Court of Canada Rules Law Society’s Photocopying Policy Does Not Violate Copyright Law

World Copyright Law Report, March 2004
Javad Heydary & Xavier Navarrete

Legal Aspects of Buying a Franchise

The Commercial Investor, March 2004
Javad Heydary & Xavier Navarrete

Ontario’s Franchise Law

The Business Exchange, February 2004
Xavier Navarrete & Sandra Cha

Introduction to Retail Lease Agreements

The Business Exchange, December 2003
Sandy Yeung & Xavier Navarrete

The Civil Litigation Process—An Overview

The Business Exchange, November 2003
Xavier Navarrete & Glen Perinot