Skip to content.
This is a photo of Moya Graham

Moya is a trial lawyer who understands your business.

A partner in our litigation group in Toronto, Moya’s practice focuses on corporate and commercial litigation, professional liability, intercompany disputes, private wealth and oppression cases, and infrastructure and construction disputes.

Clients turn to Moya for her experience in advising on burgeoning disputes early, and in real time, to provide a litigation lens to corporate activities as disputes crystalize, particularly in the context of large privately held businesses. Moya also has experience with cases involving allegations of breach of fiduciary, breaches of non-competition covenants, misuse of confidential information claims and theft of corporate opportunities.

Moya’s work in infrastructure and construction litigation, includes design/construction deficiencies, bid/tender issues, delay and loss of productivity claims, and fairness and procurement processes. Clients in the infrastructure and construction industries will benefit from her ability to provide real time strategic litigation risk management advice.

Moya has both a trial and appellate practice. She has appeared before all levels of Court, including the Supreme Court of Canada, and has been counsel in private arbitrations involving issues of professional negligence and commercial disputes.

Moya’s reported decisions from trials and dispositive motions include:

  • Bendah v. Dr. Farine and Dr. Fleming, 2024 ONSC 624 – co-counsel in the successful defence of three obstetricians and two anesthesiologists in a medical negligence trial
  • KF Capital Ltd. et al v. Kakoschke, 2020 ONSC 6255 – co-counsel in successful defence of a motion to enforce a corporate indemnity in the context of a claim for breach of fiduciary duty by a former officer and director.
  • Carroccia v. Ayow, October 2020 – lead counsel in the successful defence of a physician in a medical negligence jury trial – one of the first civil jury trials conducted in Ontario under COVID-19 protocols
  • ABC Residents Association v. Yonge & Scollard Developments Inc., 2020 ONSC 4280 – lead counsel in the successful dismissal of a motion for leave to appeal from the decision of the LPAT to approve a development in Yorkville.
  • Kram v. Oestreicher, 2018 ONSC 3813 – lead counsel in the successful defence of a physician in a medical negligence trial – appeal dismissed: 2020 ONSC 2102
  • Hymers v. Reaume, December 2019, unreported – lead counsel in the successful defence of a physician in a medical negligence trial
  • Ratz v Desa et al, 2015 ONSC 7745 – co-counsel in the successful defence of two physicians in a medical negligence trial
  • Bruno Furniture v. Hryniak et al; Mauldin et al v. Hryniak et al, 2014 SCC 8 – Supreme Court of Canada appeal concerning summary judgment and access to justice; arising out of landmark decision from Ontario Court of Appeal setting the law on summary judgment in Ontario
  • IMAX Corporation v. Trotum Systems, 2014 ONSC 3863 – successful trial, following an Anton Piller Injunction and civil contempt proceedings 2013 ONSC 743, arising from former employees’ alleged theft of confidential information and trade secrets
  • Tarsitano v. Drutz, 2013 ONSC 5605 – successfully resisted a motion resulting in dismissal of an action
  • Markowa v. Adamson Cosmetic Facial Surgery Inc., 2012 ONSC 1012, successful summary judgment motion
  • Wilcock, Jackson v. Health Professions Appeal and Review Board, 2012 ONSC 1249, successful motion for judicial review

Moya’s private and confidential arbitration experience includes, acting as counsel in confidential matters and arbitrations for:

  • a construction company in respect of cost and delay claims over $150 million
  • an owner in respect of a claim for change order costs and productivity loss against a major subcontractor for over $170 million
  • a wind farm in respect of a claim against a turbine supplier over power performance
  • an owner in respect of a claim by contractor for over $160 million in delay and damages costs in a P3 project 
  • an owner in a claim by a contractor for a cash allowance payment of over $8 million on a P3 project 
  • an executive in a contested compensation dispute, with corporate governance and breach of fiduciary duty claims
  • a shareholder group in an oppression claim in the context of a privately held retail food company
  • a majority shareholder group in an oppression claim in the context of a privately held development project

Moya has been teaching the Trial Advocacy course at Queens Law School since 2015. She has guest lectured on a variety of topics, including on the subject confidential information and trade secrets, summary judgment, force majeure, and limitation of liability and exclusion clauses.

Moya received her BA (Hons.) in Political Science and Economics from McGill University in 2006, and her JD from Queen’s University in 2009. She was called to the Ontario Bar in 2010.