Commercial & Business Litigation
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OVERVIEW
Litigation is the last thing you want to think about when running a business. For a law firm of trial lawyers with experience at every level of Court, that’s not something we like to hear. Or to admit.
When you need to protect your business by taking legal action or defending a claim, you need a law firm with a demonstrated mastery of the law. One with centuries of collective experience. One with a proven track record of winning complex cases, and one with a practical business sense that knows when to negotiate and when to put your foot down.
When it comes to our Commercial and Business Litigation Group, protecting your business is our business. Our lawyers are among the most respected attorneys in their field, in the courtroom and beyond. Whether your dispute is a matter of contract, finance, construction, insolvency, or anything related to the well-being of your operation, we have the knowledge, experience, and grit to achieve what matters most to your business.
SERVICES
Our modus operandi is to resolve any business dispute as efficiently as possible through negotiations, arbitration, or a simple phone call. However, as a law firm built by trial lawyers, we have the attorneys, staff, and technology to bring any matter to trial. Whether your matter involves a simple commercial dispute or requires complex litigation with your company's reputation or its very business on the line, we will advance your interests in an efficient, results-oriented, and confidential manner.
Our Commercial and Business Litigation Group works with our clients to analyze the issues at an early stage, develop a strategy, and manage the risks of litigation with ongoing evaluations, careful planning, and creative problem-solving. We strive to bring every case to an early, cost-effective conclusion whenever possible. We know you'd rather invest in your business than spend money on legal fees.
We will advise you of the likelihood of succeeding every step of the way. Large and small corporations, financial institutions, and entrepreneurs routinely retain us to safeguard their interests.
Our experienced commercial litigation lawyers protect businesses in a wide variety of disputes, including those related to:
- Banking
- Bankruptcy and Insolvency
- Breach of Confidentiality
- Breach of Contract
- Class Actions
- Collections
- Corporate Governance
- Construction
- Cross-Border Disputes
- Debtor / Creditor Disputes
- Directors' and Officers' Liability
- Employment
- Finance
- Franchising Litigation
- Fraud
- Guarantees
- Human Rights Matters
- Lender Liability
- Libel and Slander
- Privacy
- Professional Liability
- Real Estate Disputes
- Sales
- Securities
- Shareholder Remedies
- Trade Libel
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Novus Actus Interveniens (Intervening Cause) And "But For" Causation
This paper was first published with Advocates' Quarterly in their September 2023 issue. The defence of novus actus interveniens is ringed in by various conditions and limitations to the extent that there is relatively little opportunity for its application. The major limitation is that it is unavailable where the later negligent conduct was reasonably foreseeable, "was the very thing that should have been anticipated", or "the very kind of thing which is likely to happen."
Nuances Between Judge-Alone and Jury Trials
During the COVID-19 pandemic, the courts were unable to hold jury trials for many civil claims, particularly MVA and tort cases. This ended in May 2022, and jury trials for civil cases have since resumed. During this time, many decisions proceeded before only a judge. This paper will outline the major differences between judge-alone and jury trials.
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.