RESULTS
Scroll down for a selection of recent court decisions and news, as well as some legal information which may be of interest.
Disclaimer - past results are not necessarily indicative of future results - the amount recovered and other litigation outcomes will vary according to the facts in individual cases - information provided herein is for informational purposes only and does not constitute legal advice or create a solicitor-client relationship.
Armstrong Recovers over $210,000 for Client in Breach of Contract Case
March 2025
After succeeding at trial and on appeal, Armstrong took enforcement measures to recover over $200,000 for client in breach of contract case.
Armstrong Obtains $177,500 Settlement for Clients in Breach of Trust Case
February 2025
Armstrong obtained a settlement for his clients of $177,500 consisting of 100% of the damages claimed plus an amount for legal costs.
Armstrong Wins Appeal in Ontario's Highest Court - Obtains Dismissal of Commercial Litigation Appeal and Obtains Costs
January 9, 2025
Armstrong obtained a complete dismissal of an appeal launched by the unsuccessful parties at trial. Armstrong also obtained a costs award of $12,000 for this client.
The full decision was reported as Eastwood Home Inc. v. Procopio, 2025 ONCA 11.
Armstrong Obtains Primary Parenting Time, Final Decision-Making Authority and Child Support for Father
March 2025
Armstrong obtained a favourable divorce settlement for his client ending court proceedings involving parenting and support issues.
Armstrong Obtains Maximum Allowable Damages by Landlord Tenant Board and Eviction Order Despite Landlord's Illegal Increases in Rent
March 25, 2025
Armstrong obtained an eviction order from the Landlord Tenant Board for his client and that eviction order was upheld on review by the LTB despite the Landlord having made several illegal rent increases. Armstrong relied on a relatively new section of the Residential Tenancies Act which deems illegal rent increases legal when the tenant pays the increased rent for 12 consecutive months.
Armstrong Obtains Sole Decision-Making Authority (formally known as custody), Equal Parenting Time, Dismissal of Child Support Claim and an Order for Payment of Legal Costs
March 2025
Armstrong obtained a favourable decision for a father in a support and parenting trial. Armstrong also obtained multiple costs awards for his client.
ARMSTRONG OBTAINS ORDER STRIKING OPPOSING PARTIES' PLEADING
September 9, 2024
After repeatedly failing to comply with the Rules of Court and the Orders which Armstrong had obtained, Armstrong was successful in obtaining an Order striking out the opposing parties' Application, allowing Armstrong's client to proceed with the case uncontested. This decision highlights the importance of ensuring compliance with the Rules and with previous Court Orders. It further highlights the opportunity upon which parties can capitalize when the opposing party fails to do so.
ARMSTRONG ARGUES CLASS ACTION APPEAL BEFORE ONTARIO COURT OF APPEAL
September 2, 2024
Armstrong argued an appeal of an Order dismissing a proposed class action. Armstrong is gracious for the many recognition and praise received from observing lawyers and members of the public who were impressed with Armstrong's advocacy.
ARMSTRONG OBTAINS OVER $90,000 IN COSTS/LEGAL FEES FOR CLIENT AFTER WINNING TRIAL
May 9, 2024
The Honourable Justice Koehnen awarded Armstrong's client substantial-indemnity costs of over $90,000 after a successful 5-day trial.
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Justice Koehnen concluded that the costs amount sought by Armstrong on behalf of his client was reasonable and remarked about Armstrong's performance: "Plaintiff's counsel was well prepared and made efficient use of trial time. That sort of efficiency and preparation take time."
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Armstrong was also successful in obtaining an award of punitive damages.
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ARMSTRONG WINS TRIAL, OBTAINS JUDGMENT OVER $100,000 FOR BREACH OF CONTRACT
October 3, 2023
After a 5-day trial, Armstrong's client was successful in obtaining judgment at trial for breach of contract. In representing the Plaintiff to a successful judgment, Armstrong also succeeded in having the Defendants' counterclaim dismissed in its entirety.
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Armstrong was successful in convincing the Court to reject the Defendants' claim that an agent for the Plaintiff had ostensible authority to accept payment on behalf of the Plaintiff. The Court accepted the case law presented by Armstrong and relied on the admissions and inconsistencies Armstrong was able to obtain from the Defendants in cross-examination at trial and at the examinations for discovery.
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The Defendants have appealed and Armstrong has responded to the appeal on behalf of his client. The matter is expected to be heard by the Ontario Court of Appeal in 2015.
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ARMSTRONG SUCCESSFUL IN LANDMARK DECISION BY ONTARIO'S HIGHEST COURT
July 20, 2015
The Ontario Court of Appeal released a landmark family-law decision in which Armstrong's client was successful in overturning the trial decision regarding treatment of a gratuitous transfer of the matrimonial home between spouses.
The Ontario Court of Appeal held that there is a presumption of a resulting trust in situations where a spouse transfers property to their spouse, without consideration.
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ARMSTRONG'S CLIENT SUCCESSFUL IN DEFENDING MOTION BROUGHT BY THE CHILDREN'S AID SOCIETY AND EX-PARTNER TO REMOVE INFANT CHILD FROM HER CARE
February 13, 2023
Armstrong successfully argued a full-day motion against not only his client's ex-partner, but the York Region Children's Aid Society as well, as they jointly sought to remove a two-year old child from Armstrong's client's care.
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This decision marked a rare instance in which a party successfully defended against proceedings brought by CAS.
ARMSTRONG BRINGS SUCCESSFUL CHILD SUPPORT AND DISCLOSURE MOTION ON BEHALF OF CLIENT
December 14, 2023
Armstrong was successful in obtaining a child-support order and substantial financial disclosure against client's ex partner.
ARMSTRONG OBTAINS COSTS AWARD FOR CLIENT IN FAMILY LAW MOTION
February 12, 2024
Armstrong obtained a costs award of $8,000 for his client after successfully arguing a motion for support and financial disclosure.
ARMSTRONG OBTAINS COSTS AWARD FOR CLIENT IN FAMILY PROCEEDING
February 29, 2024
Armstrong obtained a costs award on behalf of his client in respect to a motion brought as a result of the opposing party's refusal to provide financial disclosure.
ARMSTRONG'S CLIENT ENTIRELY SUCCESSFUL IN JUDICIAL DISPUTE RESOLUTION HEARING
April 4, 2024
Armstrong successfully represented his client through a Judicial Dispute Resolution (JDR) hearing. JDR is a new mechanism by which certain family law litigants may resolve some or all of their case, through an expedient and less expensive procedure than a trial.
In this case, Armstrong's client was entirely successful in one of the earliest JDR decisions on a myriad of issues, including parenting time and travel rights. Armstrong's client was also awarded costs for the JDR.
ARMSTRONG RESOLVES CHILD PROTECTION PROCEEDING WITH ARMSTRONG'S CLIENT GRANTED PRIMARY CARE OF CHILD AND FINAL DECISION-MAKING AUTHORITY
November 16, 2023
After a long and vigorously-litigated child protection proceeding, Armstrong obtained a resolution to his client's child protection proceeding, with Armstrong's client granted primary care and final decision-making authority.
ARMSTRONG SUCCESSFULLY BRINGS MOTION TO CHANGE PRIMARY CARE OF CHILD
January 27, 2021
Armstrong successfully represented his client in obtaining 50/50 parenting time, after a previous court order was made, under the client's previous lawyer's tenure, removing the children from her care.
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While it is difficult to change interim parenting orders, as they are meant to last until trial, it certainly is possible. Armstrong has been successful on several occasions in helping his clients change the parenting schedule prior to trial. If your child(ren) is/are facing a schedule that you feel is not in their best interest, it is advisable to reach out to competent counsel without delay to obtain advice and/or representation in changing same.
ARMSTRONG OBTAINS ORDER PLACING CHILD INTO CLIENT'S PRIMARY CARE AFTER PREVIOUS 50/50 ORDER
November 17, 2021
Armstrong successfully obtained a final order placing Armstrong's client's child into their full-time care, after the child have previously resided 50/50 with each parent.
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While it is difficult to change interim parenting orders, as they are meant to last until trial, it certainly is possible. Armstrong has been successful on several occasions in helping his clients change the parenting schedule prior to trial. If your child(ren) is/are facing a schedule that you feel is not in their best interest, it is advisable to reach out to competent counsel without delay to obtain advice and/or representation in changing same.
ARMSTRONG OBTAINS RETROACTIVE CHILD SUPPORT ORDER IN RESPECT OF ADULT CHILDREN
April 18, 2019
Armstrong successfully brought a family law proceeding to an end after many years under multiple previous lawyers. The resolution of the proceeding saw Armstrong's client obtain a child support order in respect of a retroactive claim for adult children.
ARMSTRONG OBTAINS JUDGMENT FOR FULL AMOUNT OF CLAIM PLUS COSTS
November 28, 2018
Armstrong succeeded in settling a construction lawsuit after the commencement of trial. Under the settlement, Armstrong's client obtained the full amount of the claim plus legal costs. Armstrong had previous obtained an interim costs award for his client and ultimately, Armstrong's client was not only paid the full amount of their claim but reimbursed for nearly all of their legal expenses.
ARMSTRONG LAUNCHES CLASS ACTION FOR TUITION REFUNDS AFTER ON-CAMPUS CLOSURES
June 2, 2020
In connection with the closure of on-campus facilities and in-person activities, Armstrong launched a class action lawsuit against a major Ontario University seeking repayment of tuition and incidental fees paid.
ARMSTRONG LAUNCHES CLASS ACTION AGAINST LARGE CANADIAN LAW FIRM
May 17, 2018
Armstrong launched a class action lawsuit against a large Canadian law firm seeking repayment of legal fees and referral fees.
ARMSTRONG OBTAINS SETTLEMENT OF UNDERGROUND OIL TANK LAWSUIT
July 20, 2020
Armstrong successfully obtained a settlement for his clients of a lawsuit resulting from discovery of an underground oil tank at the clients' property.
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Armstrong relied upon the British Columbia legislation called the Environmental Management Act, as well as claims of negligent misrepresentation and breach of contract.
ARMSTRONG SUCCESSFULLY DEFENDS AGAINST LAW FIRM'S MOTION TO DISMISS. ARMSTRONG OBTAINS $15,000 COSTS AWARD FOR MOTION.
February 25, 2019
Armstrong successfully defended a motion brought by his client's previous lawyers to dismiss Armstrong's client's Application. Armstrong's client's Application was brought to set aside the lawyers' retainer agreement as being impermissible under the Solicitors Act.
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ARMSTRONG SUCCESSFULLY BRINGS MOTION TO FORCE SALE OF MATRIMONIAL HOME
December 9, 2020
Armstrong successfully obtained an order for the sale of the matrimonial home of his client.
ARMSTRONG'S CLIENT AWARDED OVER $211K AFTER 12-DAY TRIAL IN BRITISH COLUMBIA
June 25, 2020
Armstrong conducted a 12-day trial in British Columbia in connection with a fee dispute resulting from an estate litigation matter. Armstrong's client was awarded $175,000.
ARMSTRONG OBTAINS JUDGMENT OF $175,000 FOR CLIENT
April 1, 2020
After a lengthy trial, Armstrong's client was awarded judgment in the amount of $175,000.
ARMSTRONG SUCCESSFUL IN CLASS ACTION MOTION
January 11, 2023
Armstrong successfully argued a contested motion for an order for leave to add an additional plaintiff to a class action. Armstrong was also successful in defending against the Defendant's attempt to strike out certain claims made by Armstrong's client.
ARMSTRONG OBTAINS DISMISSAL OF DEBT REPAYMENT LAWSUIT
June 21, 2022
Armstrong successfully defended his client against a debt repayment lawsuit, obtaining a full dismissal of the suit. Armstrong raised, among other things, a limitations defence and the Plaintiffs agreed to discontinue the case shortly after the close of pleadings.
ARMSTRONG SUCCESSFULLY DEFENDS STEP-PARENT FROM CHILD AND SPOUSAL SUPPORT CLAIM
March 26, 2024
Armstrong obtained a complete dismissal for his client of claims for child and spousal support. Many people are unaware that step parents can be liable for child support if they demonstrated a "settled intention" to treat the child as a member of their family. If you are facing a claim or have a claim you wish to advance on behalf of your children, it is advisable that you seek legal advice/representation from competent counsel.
ARMSTRONG OBTAINS A COMPLETE DISMISSAL OF CLAIM AGAINST LANDLORD
November 27, 2018
Armstrong successfully represented his client through trial and obtained a complete dismissal of the tenants' claims for damages and interference with their reasonable enjoyment of the property. Armstrong was also successful in obtaining an eviction order for the landlord and an order for payment of rental arrears.
ARMSTRONG OBTAINS ORDER COMPELLING PRODUCTION OF DOCUMENTS IN MULTI-MILLION COMMERCIAL LITIGATION MATTER
September 21, 2022
Armstrong obtained an order after a contested motion requiring Defendants to produce corporate records and real estate disclosure.
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ARMSTRONG OBTAINS DISMISSAL OF CLAIM TO EQUALIZE FOREIGN REAL ESTATE IN DIVORCE PROCEEDING
November 14, 2018
Armstrong obtained a complete dismissal of trust and equalization claims made by Armstrong's client's ex spouse in respect to a foreign property.
ARMSTRONG OBTAINS ORDER VESTING/TRANSFERRING ENTIRETY OF MATRIMONIAL HOME TO CLIENT
December 11, 2023
Armstrong successfully represented his client through an uncontested trial and obtained an order for equalization, support, post-separation adjustments and legal costs. Armstrong also obtained an order that the entirety of the matrimonial home be transferred to Armstrong's client.
ARMSTRONG OBTAINS A COMPLETE DISMISSAL OF OPPOSING PARTY'S EQUALIZATION CLAIM OVER MATRIMONIAL HOME
August 1, 2018
Armstrong obtained a complete dismissal of the opposing party's equalization claim, leaving the matrimonial home entirely to Armstrong's client. While making a claim for unequal division of net family property is difficult, it is possible in the right circumstances. If you feel it would be unconscionable to equalize your and your spouse's net assets, it is advisable to obtain advice/representation from competent counsel.
ARMSTRONG OBTAINS AWARD FOR CHILD SUPPORT AND SPECIAL EXPENSES (SECTION 7 EXPENSES) AFTER TRIAL
June 12, 2015
Armstrong successfully obtained an award of child support and special and extraordinary expenses (Section 7 Expenses) after a 9-day trial. The decision was reported as 2015 ONSC 3730.
ARMSTRONG SUCCESSFULLY RESOLVES PENSION EQUALIZATION DISPUTE
November 21, 2022
Armstrong successfully obtained an order that provided his client half of all their spouse's pension interest accumulated post-separation on the imputed value of pension benefits accrued during the marriage. Armstrong also obtained for his client occupation rent and a complete dismissal of the spousal support claim against Armstrong's client. The opposing party then brought a motion to set aside the settlement. Armstrong successfully defended the motion.
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When dividing pension benefits, it is important to have the assistance of counsel who has a thorough understanding of hte Pension Benefits Act and the applicable case law.
ARMSTRONG OBTAINS EXEMPTION FOR EMPLOYEE SUBJECT TO VACCINE MANDATE
December 2021
Armstrong successfully negotiated an exemption for his client, facing dismissal or placement on unpaid leave following implementation of a vaccine mandate for employees by a major Ontario university.
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If you or someone you know is facing mandates or policies imposed by your employer, you may wish to reach out to obtain advice and/or representation to ensure your rights and interests are being protected.
CASE OF THE COOKIE - ARMSTRONG SUCCESSFUL IN URGENT MOTION FOR PARENTING TIME, AWARDED $15,000 IN COSTS
September 8, 2021
Armstrong successfully brought an urgent motion on behalf of his client to obtain 50/50 parenting time after the child was removed from the matrimonial home by her mother. The mother brought a motion for primary care and sought leave to relocate with the child. Armstrong succeeded in defending all the mother's claims. Armstrong obtained costs in the amount of $15,000 for his client, plus costs of the urgent case conference which was heard prior to the motion.
The decision is now frequently cited by other judges in relation to the issues of unilateral action taken by parents and the use of surreptitious recordings taken by parents. The decision was reported as 2021 ONSC 5963
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The actions you and your spouse take prior to and after separation can have drastic consequences for the outcome of your parenting, support and property disputes. Few people are aware of all the options, risks, implications and strategies that are available. It is best to speak with a competent family lawyer to obtain advice and/or representation as early in the process as possible.
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ARMSTRONG SUCCESSFULLY DEFENDS CLIENTS FROM MOLD LAWSUIT
June 2, 2019
Armstrong successfully defended his clients from a lawsuit by a former tenant seeking damages of $100,000 for alleged injuries sustained as a result of alleged exposure to mold.
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Mold lawsuits present a number of difficulties for all involved. Armstrong has experience representing both plainitffs and defendants in mold and other personal injury lawsuits.
ARMSTRONG VICTORIOUS IN MOTION AGAINST TOP FAMILY LAW FIRM, OBTAINS COSTS AWARD
August 31, 2021
Armstrong was retained just days before a motion brought by a Toronto family law firm recognized by the "Best Lawyers" publication as being among the best family lawyers in Toronto. The Court conducted a best interests of the child analysis. The Honourable Justice Himel was critical of Armstrong's client for the child being chronically absent from school in Armstrong's client's care and for failing to consult with the other parent. Despite this, Justice Himel determined that Armstrong's client's school proposal was in the child's best interests, relying on evidence introduced by Armstrong regarding the child's special needs.
Armstrong was successful in winning the motion over school selection for his client and obtained a costs award of $8,000. Prior to Armstrong's involvement, every costs order in the case had been awarded to the opposing side.
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The decision was reported as 2021 ONSC 5454
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The costs decision was reported as 2021 ONSC 5797
ARMSTRONG SUCCESSFUL AGAIN AGAINST TOP FAMILY LAW FIRMÂ IN TORONTO, DEFENDS MOTHER FROM URGENT MOTION SEEKING CHANGE OF CUSTODY OF CHILD
December 20, 2022
After again being retained just days before an impending motion, Armstrong was again successful against a law firm recognized by 'Best Lawyers' as being among the best family lawyers in Toronto.
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The father brought an urgent motion seeking a change in care of the child from 50/50 to primary care for the father. He did so after the Court found that the mother breached court orders by withholding the child and taking her out of the country without permission.
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Armstrong was successful in resisting a change of the child's custody (residence) and also successful in obtaining a court order requesting the involvement of the Office of the Children's Lawyer (OCL).
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With most family law matters taking several years to reach trial, it is important to have sound advice and capable representation to navigate the court process and secure what is best for your child in the lead up to trial. Armstrong has won numerous motions regarding interim custody and access (decision-making and parenting time).
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The decision was unreported.
ARMSTRONG OBTAINS $1,000,000 SETTLEMENT FOR CLIENT
September 1, 2015
Armstrong obtained a settlement of over $1 million for his client in connection with a negligence action against a regional municipality. Armstrong's client was a land developer and the basis of his claim against the municipality was that it was negligently induced into making certain investments based on false representations.
ARMSTRONG OBTAINS $45,000 SETTLEMENT FOR CLIENT IN CONSTRUCTION CONTRACT DISPUTE
May 2017
Armstrong successfully represented his client to a settlement in their claim for repayment of amounts paid for allegedly deficient construction work.
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Armstrong has successfully represented both contractors and clients in construction disputes and has amassed the requisite experience to advance and defend such actions.
ARMSTRONG OBTAINS SETTLEMENT OF OVER $70,000 FOR INDEPENDENT CONTRACTOR
March 2019
Armstrong obtained a settlement of over $70,000 for his client who was working as an independent contract when her contract was terminated.
If you are an independent contractor and are terminated from your position, you may have a claim available to you. Independent contractors may be subject to corporate policies such as workplace harassment policies, non-discrimination policies, whistleblower policies etc. In certain cases, independent contractors have the opportunity to make use of these policies in grounding a claim for breach of contract. Independent contractors may also have available to them claims of bad faith termination. It is important that you promptly seek out legal advice and/or representation from a competent employment lawyer to protect your rights.
ARMSTRONG OBTAINS SETTLEMENT OF RETROACTIVE CHILD SUPPORT AND SPECIAL/EXTRAORDINARY (SECTION 7) EXPENSE CLAIM
November 2018
Section 7 of the Child Support Guidelines allows for the courts to make an order requiring contribution from a parent for a child's special or extraordinary expenses, including expenses such as childcare expenses, extracurricular activities (like hockey and summer camp), tutoring, the portion of medical and dental insurance premiums that provides coverage to the child and medical expenses in excess of $100 which are not covered by insurance (such as orthodontics, medication, therapy, eye care, etc.).
ARMSTRONG SUCCESSFULLY BRINGS MOTION COMPELLINGÂ FINANCIAL DISCLOSURE, COSTS AWARDED TO CLIENT
April 1, 2015
In child support and spousal support cases, brining and defending financial disclosure motions can be pivotal. If you or someone you know is advancing or responding to a claim of child support or spousal support, it is important to seek advice and/or representation from a family law lawyer skilled and experienced in child support and spousal support claims.
ARMSTRONG OBTAINS SETTLEMENT OF OVER $45,000 FOR CLIENT AGAINST COMMERCIAL LANDLORD AND REAL ESTATE AGENTS
November 20, 2017
After not having sufficient power to operate its bakery, Armstrong's client retained him to sue its landlord and its real estate agents. Armstrong succeeded in obtaining a court order to register a Certificate of Pending Litigation on the subject property and reached a various settlements with the Defendants for payment to Armstrong's client.
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Armstrong has successfully represented both landlords and tenants in various commercial disputes. Armstrong has successfully defended tenants against attempts by landlords to evict and recover payment. Armstrong has also succeeded in representing landlords in terminating lease agreements and recovering damages.
ARMSTRONG SUCCESSFULLY DEFENDS COMMERCIAL TENANT FROM CLAIM OF ARREARS OF RENT
April 18, 2018
If you are owed or facing payment of arrears of rent, it is important to promptly seek legal advice and/or representation from an experienced commercial tenancies lawyer. Failure to do so may lead to a loss of your potential claims. In this case, the commercial landlord did not promptly notify the tenant of the applicable amounts owing for additional rent. Armstrong was able to successfully resist the landlord's claim by relying on the express and implied terms of the lease agreement.
ARMSTRONG SUCCESSFULLY DEFENDS CLIENTS AGAINST PARTITION AND SALE LAWSUIT
January 26, 2023
Armstrong successfully defended his clients against an Application brought by other co-owners to force the sale of jointly owned properties in Toronto. The Partition Act provides a prima facie right of sale by a joint owner of a property, but in certain instances that right of sale can be resisted.
In this case, Armstrong brought an action for damages against the co-owners, which remains ongoing.
ARMSTRONG SUCCESSFULLY OBTAINS ORDER FOR CERTIFICATE OF PENDING LITIGATION INÂ MULTI-MILLION DOLLAR COMMERCIAL FRAUD LAWSUIT IN CONNECTION WITH CLIENT'S REAL ESTATE, DEBTÂ AND SECURITIES INVESTMENTS
September 10, 2021
Armstrong successfully obtained an order for leave to register Certificates of Pending Litigation in on numerous properties throughout Ontario in multi-million dollar commercial fraud lawsuit.
"PARENTING ISN'T A 'LORD OF THE FLIES' EXPERIMENT" - ARMSTRONG WINS CHILD CUSTODY MOTION
November 8, 2022
In finding that the opposing party was in breach of the existing parenting order, the Honourable Justice Jarvis excoriated the parent for leaving a young child unattended, in contravention of a court order. Justice Jarvis proclaimed that "Parenting Isn't a 'Lord of the Flies' Experiment."
Armstrong succeeded in having struck from the record certain evidence which was filed by the other side from one of the child's therapist. Armstrong argued that this information was confidential with which Justice Jarvis agreed telling the other side to "think again."
Shortly after this decision, the matter settled, with the child being placed in Armstrong's client's primary care.
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ARMSTRONG WINS CHILD SUPPORT IMPUTATION MOTION - DETERMINATION OF PARTNERSHIP INCOME
December 10, 2018
Armstrong's client was successful in imputing her ex spouse's partnership income, without a deduction for capital contributions made to "buy-in" to the partnership. Shortly thereafter, Armstrong's client was awarded $12,500 in costs.
ARMSTRONG WINS IMMIGRATION CASE IN FEDERAL COURT - PREVENTS DEPORTATION OF FAMILY WITH EMERGENCY MOTION TO STAY
November 19, 2023
Armstrong was retained over the weekend and successfully prevented the deportation of a husband and wife after they had exhausted all options and were ordered to be deported that very day. The Federal Court's decision creates an important precedent for challenging CBSA enforcement officers' deferral request decisions.