COMMERCIAL AND CIVIL LITIGATION
Our accomplished litigation team address a wide variety of commercial litigation issues in the dynamic and challenging contemporary business world. We provide our clients with experienced and informed representation in assessing the merits of their cases, explaining their options, and pursuing the course of action they choose. In addition, we join with other lawyers who are seeking litigation partners and/or support in addressing commercial matters.
ALTERNATIVE DISPUTE RESOLUTION
Our team of commercial lawyers represents businesses, entrepreneurs, professionals, and individuals in resolving business disputes of various types. With our knowledge of the rapidly changing commercial landscape, we are cognizant of the business considerations involved in our clients’ decisions. We are able to analyze and assess business disputes, and to provide our clients with informed insight regarding their legal options, estimated costs, and projected timelines. Our team’s experience includes both mediation, negotiating settlements and arbitration, as well as proceeding to trial. We maintain an ongoing dialogue with our clients throughout our representation of their interests; our commitment is to providing strong, knowledgeable, and effective advocacy.
Our team partners with other lawyers and firms who are seeking assistance and support in addressing commercial litigation matters. In some cases, we work with lawyers who are not experienced in commercial law, but whose clients require representation to deal with commercial legal issues. We are also willing to partner with lawyers who have carriage of complex or challenging commercial litigation files that strain or exceed their resources. In such cases, our team possesses the experience, knowledge, and resources to provide the support necessary to satisfy clients’ needs for effective and efficient representation. We possess the experience and the resources to meet the challenges of preparing for and conducing a trial.
We can assist lawyers by assuming responsibility for specific aspects of their litigation workload—under a limited scope retainer or bundling arrangement. For example, the development of electronic trials and artificial intelligence represent significant challenges for the entire legal profession, but especially for those litigators who do not have extensive support staff or electronic infrastructure. Our team is willing and able to partner with other lawyers in order to overcome the obstacles posed in attempting to manage the electronic process. We treat each file in terms of its own merits and are willing to negotiate terms that are satisfactory to all parties involved.
Our team recognizes the importance of other firms’ relationships with their clients and respects the integrity of those professional relationships. We will not interfere with your relationship to your client; our aim is to provide knowledgeable and experienced litigation support in assisting other lawyers.
Since Ontario passed the Class Proceedings Act in 1993, class actions have become a vital legal option to provide access to justice for various parties—whether they are individuals, groups, or organizations. When the anticipated costs prohibit a party from taking legal action to seek compensation for alleged damages, a class action may provide a viable alternative—if there are other parties who share a cause of action. While the “strength in numbers” that class actions provide is appealing for potential litigants, the process of establishing a class’ constituents and certifying that class is often highly complicated and difficult to achieve.
Law firms assume significant risks—in terms of the commitment of funding, resources, and time—when they agree to litigate a class action. Nevertheless, the significance of class proceedings is readily evident—as they have involved issues of vital importance such as the contamination of the Walkerton water supply, and the institutional abuse in residential schools. Moreover, the marked variety of issues involved in class actions—including environmental contamination, labour and employment issues, product liability, personal injury, privacy violations, and consumer protection—underlines their legal and societal importance.
Our commercial litigation team possesses the legal knowledge and experience to analyze, assess, and make an informed determination regarding the merits, risks and rewards, required expertise, potential obstacles, and timelines involved in pursuing a class action. As the nature and substance of class proceedings is so diverse, we approach each case on its own merits. There are no easy answers as to whether or not a class action should be pursued. Our team is committed to undertaking a sober, deliberate, and comprehensive assessment of the potential action in order to arrive at a carefully calculated and firm decision.
When choosing to move forward with a class proceeding, our commitment to our clients will be resolute, dedicated, determined, and unwavering in pursuing the compensation to which they are entitled. We are aware and respectful of the highly personal, and often challenging relationship that can arise between class members and their legal representatives. Our team is committed to providing the compassionate and caring representation that recognizes and honours the trust our clients have placed in us to advocate vigorously and effectively on their behalf.
Knowledge and Insight
Our commercial litigation team is committed to drawing on its extensive legal knowledge and experience in meeting our clients’ needs for legal advice, guidance, and representation. Our willingness to represent our clients in addressing such a wide variety of matters of varying complexity has allowed us to develop our knowledge of and insight into the commercial realm, while furthering our impressive record of strong, accomplished advocacy.