Areas of Practice

Construction Litigation and Construction Liens

Construction law is a branch of law that deals with matters relating to building construction and related fields. Construction law covers a wide range of legal issues including contract, negligence, bonds and bonding, guarantees and sureties, liens and other security interests, tendering, construction claims, and related consultancy contracts. Construction law affects many participants in the construction industry, including financial institutions, surveyors, architects, builders, engineers, construction workers, and planners.

John has acted as a commercial lawyer and litigator for:

Suppliers
Equipment rental companies
Sub-contractors
General contractors
Owners and Lenders

Commercial Litigation

Commercial Litigation, also known as business law is the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales. Commercial law includes within its compass such titles as principal and agent; carriage by land and sea; merchant shipping; guarantee; marine, fire, life, and accident insurance; bills of exchange and partnership. It can also be understood to regulate corporate contracts, hiring practices, and the manufacture and sales of consumer goods.

One of the strengths of John Mullen is his vast experience with:

Shareholder disputes
Franchise disputes
Partnership disputes including seeking remedies by way of interlocutory injunctions and
Oppression remedies

John has been involved in complex commercial contract cases regarding computer supply companies, telephone and computer programming services, and complex cases involving the interpretation of commercial contracts, including commercial leases, commercial realty leases and agreements of purchase and sale of chattels and real estate.

Employment/Workplace Litigation

Workplace Litigation or Employment Law mediates the relationship between workers (employees), employers, trade unions and the government. Collective labour law relates to the tripartite relationship between employee, employer and union. Individual labour law concerns employees’ rights at work and through the contract for work. Employment standards are social norms (in some cases also technical standards) for the minimum socially acceptable conditions under which employees or contractors are allowed to work.

John represents both employers and employees with respect to wrongful dismissal litigation, litigation involving the rights and duties of departing employees, including disputes over non-competition clauses, non-solicitation clauses, and breach of duty of confidentiality (including injunction applications).

Estate Litigation

Estate Law regulates wills, probate and other subjects related to the distribution of a deceased person’s estate. An estate is the net worth of a person at any point in time alive or dead. It is the sum of a person’s assets - legal rights, interests and entitlements to property of any kind - less all liabilities at that time. The issue is of special legal significance on a question of bankruptcy and death of the person.

In dealing with estate litigation, John represents individuals and families in matters of:

Contested Wills
Interpretation and enforceability of Wills and Trusts
Mental incapacity
Duress and undue influence
Duties of Executors and Trustees and
Rights of beneficiaries

Real Estate Litigation

Real Estate Litigation relates to any type of dispute between parties during the acquisition of property, about ownership rights or any other interests in a property such as easements or encumbrances.