About Our Firm

We are experienced. We are determined.

With 30 years of experience, Duxbury Law’s primary litigator – Brian Duxbury – is a Certified Specialist in Civil Litigation. We know how to go to Court but give our clients practical and common sense advice.

Obtain the services of a specialized law firm.

Duxbury Law is a specialized law firm with significant experience in business disputes, property disputes, construction disputes and Estates and Wills litigation.

Duxbury Law has also developed a significant specialty in municipal law, including hearings before the Ontario Municipal Board and the Niagara Escarpment Commission. We regularly appear before municipal councils and municipal committees. We do work before the Assessment Review Board, Conservation Authorities and have experience with expropriations.

We also have extensive experience in litigation involving defamation, slander and libel issues, shareholder disputes and insurance coverage disputes.

Work with lawyers who know how and when to go to court.

We regularly do trials and hearings, but always work with our clients to achieve early and cost‐effective solutions to disputes whenever possible. Today’s court system allows opportunities for such resolution through mediation and arbitration. When a trial or tribunal hearing is necessary, we have the experience, determination and skills required for success.

Clients have many reasons for choosing to litigate – others find themselves defendants and were never given a choice. We work closely with all our clients to develop strategies that fit their objectives, expectations and financial circumstances. For us, every client’s matter is unique. No course of action for us is ever off-the-shelf.

Receive very competitive rates.

Getting full value for the money is what clients of Duxbury Law always receive. Limiting legal costs is always important, whether you’re an individual, part of a company, or you represent Ontario taxpayers through municipal government.

Get a lawyer who is responsive.

At Duxbury Law, we have remained a specialized litigation firm to ensure that clients obtain customized and personal legal services. We work directly with clients on every aspect of their dispute. We answer our phones and respond to clients in a timely manner. Our litigation and tribunal practice takes us to locales throughout southern Ontario - wherever our clients need us.


Brian Duxbury is a Certified Specialist in Civil Litigation with 30 years of experience. He appears regularly before the Ontario Superior Court of Justice and numerous tribunals including the Ontario Municipal Board and has experience before the Divisional Court and the Ontario Court of Appeal.

From a rural Ontario farming family, Brian Duxbury is a graduate of both the University of Toronto - Trinity College and Osgoode Hall Law School.

One of the hardest-working lawyers one will ever meet, Mr. Duxbury is a dedicated family man who is determined to do the absolute best for his clients.

Brian Duxbury is a member of The Advocates’ Society and is designated as a Certified Specialist in Civil Litigation.


T. David Marshall, who comes from a well-known Hamilton legal family, holds two Bachelor of Arts degrees, a Bachelor of Laws degree and a Master of Laws degree.

In addition to developing his legal career as a commercial and administrative law litigator, Mr. Marshall has a particular interest in the study of ethics, political philosophy and law, on which he writes and has lectured.

David has an extensive educational background spanning over 12 years, 4 countries and 3 continents.

  • BA in political science from the University of Waterloo
  • BA in law from Carleton University
  • LLB from Sheffield Hallam University in the United Kingdom
  • LLM from the University of Ottawa
  • Credits in political philosophy and international law from Harvard
  • A certificate in Mandarin Chinese from Hua Dong University in Shanghai PRC

Municipal Law Overview

Duxbury Law acts for various municipalities on a broad spectrum of specialized and complex issues. We have a detailed working knowledge of the Ontario Municipal Act and a wide range of provincial statutes and regulations.

Regularly providing legal advice to municipalities and appearing in camera before various councils, Duxbury Law understands the complexities and time sensitivities inherent in the relationships between municipal staff, senior management and councillors.

We are accustomed to being retained on short notice and providing swift advice or recommendations on urgent matters. In scenarios where additional counsel or specifically experienced counsel is required by municipalities for hearings and trials, Duxbury Law provides co-counsel services.

Duxbury Law also provides “pinch hitting” legal services for municipalities, bridging unexpected absences or turnover of legal staff.

At Duxbury Law, we are team players who seek consensus and resolution where appropriate. We are, however, also experienced trial and tribunal lawyers and know how and when to go to court or conduct a hearing if that becomes necessary.

Fiscally aware from day one, we set budgets—and we honour them.

Ontario Municipal Board (OMB)

Duxbury Law appears frequently before the Ontario Municipal Board. Our extensive experience includes conducting hearings pertaining to the most complex levels of municipal planning, especially in the development of new or amended official plans. Such hearings often involve complex issues of standing, sheltering, production of witness statements, and negotiating. These hearings reflect fluid environments in which there are numerous competing interests.

Duxbury Law has a strong working knowledge of the Growth Plan, the Provincial Policy Statement (PPS) and the Source Water Protection Act. We are also very familiar with practices and procedures before the Ontario Municipal Board, including Section 43 review hearings.

Regularly dealing with rezonings, consents, minor variances and plans of subdivision, we are very familiar with the Board’s pre-hearing process.

When required, Duxbury Law can also provide co-counsel services, assisting internal legal staff on large hearings that may require two or more legal counsel.

Tender and Procurement

In matters of tendering and procurement issues, Duxbury Law gives advice to municipalities and, when necessary, conducts trials. We are familiar with the full spectrum of CCDC construction documents and give advice to municipalities on making appropriate revisions to these documents through supplementary conditions. We are also familiar with other related documents, including contracts for architectural services.

Moreover, Duxbury Law provides advice to municipalities, often on an urgent basis, on issues that frequently arise within the tendering context, such as compliancy and bid award procedures.

Freedom of Information (FOI)

Duxbury Law provides advice to municipalities on more complex or difficult FOI requests or appeals. We are familiar with and have a working knowledge of Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) matters, including the grounds and criteria under that legislation for disclosure of documents.

We are also familiar with and have experience in appeals of FOI requests to the Information and Privacy Commissioner.

Construction and Bonding

Duxbury Law acts on behalf of municipalities on construction issues and construction litigation encompassing a wide range of municipal projects, including the construction of municipal facilities and other large infrastructure projects. We are also familiar with and litigate in respect to claims on letters of credit or claims against insurance companies on bonds. Duxbury Law is very familiar with the construction law context, which often involves multiple parties and the need to bring high-level coordination and organization to the resolution or litigation of any construction matter. Many of the issues within this area of the law, we observe, revolve around claims for extras, project “creep,” and failure to adequately address or satisfy the municipality’s timelines.

Licensing and By-law Hearings

At Duxbury Law, we act as prosecutors for municipalities on a wide range of contravention issues including prosecutions under the Building Code Act and Property Standards. We serve as legal counsel for municipalities on various licensing hearings and will prosecute matters before licensing tribunals or committees. Additionally, for municipalities, Duxbury Law acts as legal counsel to committees or municipal licensing tribunals.

Our depth of knowledge extends to administrative law practices and principles, including the application of natural justice, fairness, and a working knowledge of the Statutory Powers Procedure Act (SPPA).

Drainage and Flooding

Increasingly, municipalities face the challenge of planning for or dealing with a range of drainage and flood-related issues. More frequently, design standards and technical requirements to address potential flooding are becoming matters of significant importance for municipalities in their long range planning.

Duxbury Law provides advice to municipalities on the current state of the law as it pertains to liability for drainage and flooding issues. We give advice on the standard of care as well as the common law as it relates to drainage matters, including issues of riparian rights. We have experience with the application of the Drainage Act.

Other Special Areas of Practice

Our practice involves a wide range of other statutes that affect the business of municipalities. Duxbury Law frequently deals with conservation authorities and related legislation; the Niagara Escarpment Planning and Development Act (NEC); the Heritage Act; the Assessment Act; practice before the Environmental Review Tribunal (ERT); and the Expropriations Act. We also deal with federal matters involving Municipal Access Agreements and the determination of rights under those agreements before the Canadian Radio and Telecommunications Commission (CRTC). If it’s a matter that involves municipalities and legal issues, there’s a strong likelihood that Duxbury Law has had direct experience. Find out why so many Ontario municipalities continue to rely on Duxbury Law to address their legal needs.

Specialized Municipal Issues

Duxbury Law appears frequently before the Ontario Municipal Board. Our extensive experience includes conducting hearings pertaining to the most complex levels of municipal planning, especially in the development of new or amended official plans. Such hearings often involve complex issues of standing, sheltering, production of witness statements, and negotiating. These hearings reflect fluid environments in which there are numerous competing interests.

Duxbury Law has a strong working knowledge of the Growth Plan, the Provincial Policy Statement (PPS) and the Source Water Protection Act. We are also very familiar with practices and procedures before the Ontario Municipal Board, including Section 43 review hearings.

Regularly dealing with rezonings, consents, minor variances and plans of subdivision, we are very familiar with the Board’s pre-hearing process.

When required, Duxbury Law can also provide co-counsel services, assisting internal legal staff on large hearings that may require two or more legal counsel.


Business Disputes

Duxbury Law has significant experience dealing with a wide range of business disputes.

We assist our clients in pursuing or defending claims related to payment of money, partnership and shareholder disputes, construction litigation, and all disputes relating to property, ownership or boundary litigation. We also help clients pursue claims on insurance policies.

Difficult and complex commercial litigation problems involving loan transactions, injunctions, fraudulent transactions, breaches of contract, commercial lease disputes and oppression remedies all receive the benefit of our expertise.

Our firm specializes in dealing with complex litigation, unique and difficult dispute circumstances and obtaining emergency orders including injunctions. We deal with large document volume litigation and have extensive experience in dealing with computer-based technology and documentary production issues.

Duxbury Law also specializes in providing co-counsel services. This appeals to clients who still wish to be involved in the direction and strategy of a litigation file but require senior litigation experience before the courts. Our co-counsel services support both in-house legal counsel and municipal corporations with in-house legal staff.


Estates & Wills

No civil litigation matter is more difficult for the parties involved than a dispute over an Estate, a Will or a Power of Attorney.

Duxbury Law deals with a wide range of issues and litigation involving Estates, the interpretation and validity of Wills, and disputes relating to the proper use of Powers of Attorney.

Within this area of practice, we deal with disputes involving removal or replacement of trustees and executors, challenges to wills, trustee and executor compensation or conduct, determining the rights of beneficiaries and pursuing dependent relief claims.


Defamation, Slander & Libel

Protecting your good name and business reputation is important.

Duxbury Law has considerable knowledge and experience in the area of Defamation, Slander and Libel, having worked closely with many previous clients to maintain or repair their good name.

Since the advent of the online world, it has become far too easy for others to tear down what you’ve spent a lifetime building up. With the ubiquity of Facebook, Twitter, blogs, email, online media sources – you name it – in today’s world having one’s good name or business reputation maligned is a real problem that Duxbury Law has the experience and expertise to address and rectify.


Other

Other areas of practice in which Duxbury Law has experience settling disputes include:

Wrongful dismissal

Human rights complaints

Property ownership and boundary disputes

Intellectual property, copyright and trademark infractions

Mortgages, guarantees and bank claims

Insurance coverage

Construction disputes and litigation

Real estate disputes and litigation

Shareholder disputes

Expropriation

Property assessment

Environmental land review tribunal hearings

Conservation Authority hearings

Duxbury Law also has experience in what could be characterized as the unusual case – unusual facts, circumstances and complexity involving a wide range of commercial and municipal issues and appearances before multiple tribunals.

For lawyers and law firms seeking specialized litigation counsel for both new and existing clients, Duxbury Law appreciates and respects any referrals, acknowledging that the present and future client relationship begins and ends with the referring lawyer or law firm. We involve the referring lawyer to whatever degree lawyer and client desire.

If you are interested in enlisting the services of Duxbury Law, simply contact us and we can talk about your needs. There is no charge for our initial consultation.


To reach Duxbury Law, call or email:

(905) 570-1242

Brian Duxbury
brian@duxburylaw.ca

T. David Marshall
david@duxburylaw.ca

Hamilton Office
1 King Street West
Suite 500
Hamilton, Ontario
L8P 1A4

Telephone: (905) 570-1242
Facsimile: (905) 570-1955

Brantford Office
119 Brant Avenue
P.O. Box 691
Brantford, Ontario
N3T 3H5

Telephone: (519) 756-8651
Facsimile: (519) 756-7558


Terms and Conditions

All use of this website [www.duxburylaw.ca] is subject to the following Terms and Conditions. If you do not agree with these Terms and Conditions, please do not access or use this website. These terms may be changed by Duxbury Law at any time without notice. Your use of the website constitutes your agreement to be bound by these terms.

Disclaimers

The materials provided on this site are for information purposes only. These materials constitute general information relating to areas of law familiar to our firm’s lawyers. They do NOT constitute legal advice or other professional advice and you may not rely on the contents of this website as such.

The contents of the website do not necessarily represent the opinions of Duxbury Law or its clients. If you require legal advice, you should retain competent legal counsel to advise you. If you would like to retain Duxbury Law, please contact one of our lawyers, who will be pleased to discuss whether our firm can assist you. A solicitor‐client relationship will arise between you and our firm only if we specifically agree to act for you. Until we specifically agree to act for you on a matter, you should not provide us with any confidential information or material.

Confidentiality of Communications

Duxbury Law does not guarantee the confidentiality of any communications sent by e‐mail or through its website, or left in voicemail messages on firm telephones. Unsolicited information and material may not be treated as confidential and will not be protected by any solicitor‐client privilege. Accessing or using this website does not create a solicitor-client relationship.

Although the use of the website may facilitate access to or communications with members of Duxbury Law by e‐mail or voicemail, receipt of any such communications or transmissions by any member of Duxbury Law does not create a solicitor‐client relationship, unless our firm agrees to represent you.

Although Duxbury Law has made reasonable efforts to ensure that the materials contained on this site are accurate, it does not warrant or guarantee the accuracy, currency or completeness of the materials; that the site will be available without interruption, error or omission; that defects will be corrected; or that the website and the server(s) that make it available are free from viruses or harmful components. The website and the materials provided on the website are provided “as is” and “as available” without representations, warranties or conditions of any kind, either expressed or implied.

Liability

Duxbury Law will have no liability for any damage arising from the misuse of any information provided on this website. The information provided on the website is not legal advice and should not be relied upon as such. Doing so without seeking the advice of legal counsel constitutes a misuse of the information.

Copyright and Trade Marks

The copyright in this website and all materials contained in it is owned, or licensed by Duxbury Law. The Duxbury Law website, as a whole, or in part, may not be reproduced without the express prior written consent of Duxbury Law. To obtain such consent, please contact brian@duxburylaw.ca or call (905) 570-1242.

Duxbury Law™ is a trade mark of Duxbury Law. All other brand names, product names and trade marks are the property of their respective owners.

Linking to www.duxburylaw.ca

Duxbury Law acknowledges and appreciates links to the Duxbury Law website. Links should go directly to the homepage at www.duxburylaw.ca, or to the biography of one of the firm’s professionals. Linking directly to other pages within the site or framing content on the site is prohibited without the prior written consent of a representative of Duxbury Law.

Privacy Legislation

Since January 1, 2004, all Canadian organizations engaged in commercial activities have been required to comply with the Personal Information Protection and Electronic Documents Act (“PIPEDA”) and the Canadian Standards Association Model Code for the Protection of Personal Information incorporated by reference into PIPEDA. These obligations extend to lawyers and law firms, including Duxbury Law.

Lastly, as a professional services firm, we have professional and ethical obligations to keep confidential the information we receive in the context of a lawyer‐client and agent‐client relationship.

Personal Information

Personal information is defined in PIPEDA as information about an identifiable individual, but does not include the name, title or business address or telephone number of an employee of an organization. In other words, it does not include the information that one expects to find on a business card.

Consent to Our Collection of Personal Information

In most cases, we obtain your consent to collect, use and disclose your personal information.

Usually, if you retain our firm, we assume that we have your implied consent to our collection and use of your personal information, however, at times we may ask for your express consent, either verbally or in writing. Generally, we collect your personal information directly from you at the start of or during the course of your retainer with our firm. Sometimes we may obtain information about you from other sources such as a government registry or other professionals who serve you.

Use of Personal Information at Duxbury Law

We use your personal information to provide legal advice and services to you, to issue invoices and to maintain our database of clients. In addition, if you apply for a position with Duxbury Law, we will use your personal information to assess your candidacy. Lastly, we may use your contact information (name, e‐mail and postal address) so that we may communicate with you about recent developments in the law, keep you abreast of Duxbury Law’s news and invite you to our firm events.

Withdrawal of Consent

You may withdraw your consent to our collection, use and disclosure of your personal information at any time, subject to legal and/or contractual restrictions and upon reasonable notice. Your withdrawal of consent to our collection, use and disclosure of your personal information may impact our ability to represent you and provide you with legal advice.

You can ask us not to send you marketing communications by contacting us.

Disclosure of Personal Information

Generally, we do not disclose your personal information to third parties without your consent unless permitted or required by applicable laws or court orders. The following are some examples where we may disclose your personal information: such disclosure is necessary to collect fees or disbursements; we contract with a third party to provide us with certain services such as archival file storage or insurance or we engage expert witnesses or other law firms on your behalf.

Accuracy of Your Information

It is important that the information that we have on file be accurate and up-to-date. If, during the course of the retainer, any of your information changes, please inform us so that we can make any necessary changes. We may also ask you from time to time whether your personal information is up-to-date.

Safeguards

Duxbury Law uses various safeguards to ensure that your personal information is protected against loss, theft, misuse, unauthorized access, disclosure, copying or alteration. These include: security of our physical premises; our professional obligations and internal passwords that restrict access to our electronic files.

Access to your Personal Information

You have a right to challenge the accuracy and completeness of your personal information and to have it amended, as appropriate. You also have a right to request access to your personal information and receive an accounting of how that information has been used and disclosed, subject to certain exceptions prescribed by law. For example, if the requested information would reveal personal information about another individual, your request for access may be limited or denied. If your request for access is denied, Duxbury Law will notify you in writing of the reason for the denial. To request access or to amend your personal information, please contact the lawyer with whom you normally correspond. Duxbury Law will respond within thirty (30) days of receipt of your written request.

Challenging Compliance

Duxbury Law will respond to inquiries about its policies and practices relating to its handling of your personal information. Inquiries should be directed to Brian Duxbury using the contact information below. Duxbury Law will investigate all complaints and will respond within 30 days of receipt of a written inquiry. If the complaint is found to be justified, Duxbury Law will take appropriate measures to resolve it, including, if necessary, amending this Policy and its procedures.

Website Privacy

Like most other commercial websites, we may monitor traffic patterns, site usage and related site information to optimize your visit to our website. We do not use cookies or any electronic means to collect personal information from you or your computer; however, our website server will automatically collect IP addresses. We may view the IP log from time to time, for example, to maintain the security of our website. We do not link the IP addresses to other personally identifiable information.

Links to Third Party Sites

At some point in time, the Duxbury Law website may provide links throughout the website to third party sites to act as a resource for information on matters that might be of interest to current or potential clients. These links will be provided for convenience only, and do not mean that Duxbury Law endorses or recommends the information contained in linked web sites, or guarantees accuracy, timeliness or fitness for a particular purpose. Duxbury Law takes no responsibility for the content or practices of third party sites.

Feedback

We welcome your feedback. If you have questions or comments about the Duxbury Law website, the legal notice or the firm’s privacy policy, please contact brian@duxburylaw.ca.


Tribunal Hearings

Duxbury Law has extensive experience acting for clients before the myriad of Tribunals which govern licensing and discipline issues in Ontario. Our administrative law practice regularly involves us in defending our clients from licensing sanctions or professional discipline. We advocate for our clients’ rights to licences, permits, approvals and professional certifications from government agencies.

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Experience
&
Determination

Three
Decades of
Experience

Focusing
Preparing &
Winning

Serving
southern ontario

Delivering
Peace of mind

Working hard
for
Hard-working clients