Charles C. Chang
Charles is certified as a Specialist in Civil Litigation by the Law Society of Upper Canada and is a member of the Litigation Group and the Construction Law Group at GSNH.
Charles has represented a wide range of clients in the resolution of commercial, construction, real estate, franchise and transportation law disputes and professional negligence matters through both litigation and alternative dispute resolution (ADR) methods.
Charles has appeared at every level of court in Ontario, on motions (including injunctions), applications and trials in the Superior Court of Justice and on appeals in the Divisional Court and in the Court of Appeal for Ontario. He has also represented clients before various administrative tribunals in Ontario.
Charles is a regular speaker and panellist at the Ontario Trucking Association’s annual conferences and legal education seminars, providing legal information and updates to commercial truck transportation companies, independent owner/operators, load brokers and freight forwarding, warehousing and logistics companies.
After winning the “Best Oralist” Award at the 1999 Niagara International Law Moot Competition in his second year of law school, Charles now judges and coaches law students at moot court competitions in and around Toronto.
Education:
McGill University (B.A.Hons., 1997)University of Western Ontario (LL.B., 2000)
Call to the Bar:
Charles was called to the Ontario Bar in February 2002.Professional Associations:
Law Society of Upper Canada, Canadian Bar Association, Ontario Bar Association, Peel Law Association, the Advocates SocietyCases of Note:
In September 2003, Charles successfully argued before the Court of Appeal for Ontario in favour of upholding a judgment granted in accordance with a settlement entered into by the parties to the litigation. (Conto et al. v. Driscoll)
In November 2003, Charles successfully argued issues in the Ontario Superior Court of Justice relating to an action under the Arthur Wishart Act (Franchise Disclosure), 2000 involving a motion for a stay of proceedings under the Arbitration Act, 1991. The defendants appealed the decision to the Court of Appeal for Ontario, but the appeal was stayed before the scheduled hearing. (Cox et al. v. Action International Canada Inc. et al.)
In January 2004, Charles successfully appealed to the Workplace Safety and Insurance Appeals Tribunal for the reassessment and refund of premiums paid by the related employers under the Workplace Safety and Insurance Act in respect of its executive officers. (Decision No. 129/04 & Decision No. 130/04)
In May 2004, Charles appeared as co-counsel before the Court of Appeal for Ontario and successfully argued in favour of preserving the trust claims of various commercial transportation carriers in the bankruptcy of one of North America’s largest trucking conglomerates. (GMAC Commercial Credit Corporation - Canada v. TCT Logistics Inc. et al.)
In November 2004, Charles successfully argued a motion for costs against a solicitor personally who had forged her client’s signature on two affidavits filed with the Court in a matrimonial proceeding. (Weening v. Weening)
Charles successfully defended an action brought against a home builder and its parent company for alleged breach of contract and/or negligence in the design and building of an upscale home in Cambridge, Ontario. After the action was tried in February 2007, the trial judge found no basis for liability on the part of either of the defendants and dismissed the action with costs. The plaintiffs initially appealed the trial judge’s decision, but soon abandoned that appeal. (Kurpiel et al. v. Mattamy (Cambridge) Inc. et al.)
In October 2007, Charles appeared before the Divisional Court of Ontario and successfully appealed the lower court's decision to award judgment against a “for-hire” freight carrier in respect of a commercial trailer lease agreement, to which the carrier was not a party. The Divisional Court disagreed with the trial judge and set aside the judgment against G&S. (Location Citernes Experts Inc. v. G&S Transport et al.)
In June 2008, Charles successfully argued a motion to set aside default judgment obtained against a general contractor in a claim under the Construction Lien Act. The court reviewed in detail the third element of the 3-part test to be applied on motions to set aside default judgments and agreed with Charles’s interpretation of the applicable law. Charles was also successful in obtaining costs of the motion. (Glasstech Inc. v. Belle View Construction Corporation)
In July 2009, Charles successfully argued a motion for an order requiring the plaintiffs to post security for the defendant’s costs in an action involving a failed business joint venture. (Wang et al. v. Boswell Ltd. et al.)
In September 2009, Charles, along with counsel for other defendants in the action, successfully opposed a motion by the plaintiffs to amend the statement of claim to, among other things, add new causes of action in contract after the applicable limitation periods had expired. The motion was dismissed with costs to the opposing defendants. (The Bank of Nova Scotia et al. v. PCL Constructors Canada Inc. et al.)
Charles successfully defended an action brought against a food equipment vendor for rescission of a contract for the purchase of a slushy machine by the plaintiffs. After the action was tried in November 2009, the trial judge found no basis for liability on the part of the defendant and dismissed the action with costs. (Martin et al. v. Taylor Freezers Inc.)
Charles successfully defended an application brought before the Human Rights Tribunal of Ontario for alleged discrimination on the basis of race, colour, creed and religion arising from the termination of the complainant’s employment. After the hearing on March 2010, the Interim Chair of the Tribunal dismissed the complainant’s application. The complainant’s application for a reconsideration of the decision was dismissed. (Tulloch v. Phelps Apartment Laundries)