Debt Collection and Recovery

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OVERVIEW

Our Debt Recovery and Collections Group successfully recovers millions of dollars on behalf of the insurance industry and other businesses every year, and our membership in Canadian Litigation Counsel and the Harmonie Group provides our clients with the reach they need to collect in every jurisdiction in North America and more than 20 countries spanning the globe. 

Working closely with our clients to formulate innovative strategies, our experienced team of lawyers and legal professionals work to achieve the best possible results efficiently and cost-effectively.

SERVICES

Our services include:

  1. Assessments - The Debt Recovery and Collections Group keeps our clients informed and in control by providing our clients with a complete assessment prior to incurring significant legal fees, enabling our clients to make the right decision.
     
  2. Flexible Funding Arrangements - The Debt Recovery and Collections Group works together with our clients to develop and implement funding arrangements appropriate to the size and complexity of the case and the needs of the client.
     
  3. Initiate legal action against debtors
  4. Appear at Settlement Conferences or Terms of Payment Hearings
  5. Attend Bankruptcy Discharge Hearings
  6. Judgment Debtor Examinations
  7. Negotiating repayment arrangements with Defendants
  8. Post-judgment activities, including processing settlement offers, instituting garnishment proceedings, etc.

CHAIR(S)

MEMBER(S)

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PUBLICATIONS

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Default Causation And Standard Of Proof For A Hypothetical Pre-Trial Loss

First Published in Advocates Quarterly. This paper addresses whether the same principles regarding the “real and substantial possibility” standard of proof apply to a hypothetical past loss claim as they do to a hypothetical future loss claim, and the interplay between the two standards of proof applicable to hypothetical claims: balance of probabilities for the “but for” causation test, and “real and substantial possibility” for damages.

A construction original Protecting Contractors is Paramount - Case Study: Urbancorp Cumberland 2 GP Inc.

In Ontario, the provincial legislation shows a commitment to protecting contractors and subcontractors by enabling them to collect outstanding balances owing for services and materials through the use of construction trusts, holdbacks and liens. This case confirms this commitment and is a helpful decision for provincial contractors.

A pleading original A Plea for Simple Pleadings

You have just been sued for breach of contract by a former business partner.

As you skim through a legal document that sets out a laundry list of your alleged failures and faux pas, a few paragraphs jump out at you. Why does the document make reference to an argument over the design of your company's logo? And why is there commentary on the not-so-secret office romance between two of your employees? As far as you can tell, neither of these issues have anything to do with the contract in dispute.