Disputes

TRANSACTIONS DISPUTES INTELLECTUAL PROPERTY 

Our Litigation Group has over thirty years of experience successfully tackling a vast array of complex litigation and pre-litigation disputes.  Our clients know they can lean on us to effectively prepare for, negotiate and mediate disputes, and, where beneficial to advance or defend their interests, to resolutely and forcefully conduct arbitration hearings, trials and appeals.

Representative Work

Arbitrated breach of investment advisor’s know your client obligations and negligent investment advice

Claim by 50% Partner and Lender against managing partners to disgorge share of $300million real estate company and recovery of investment.

Successful injunction and ultimate defence on behalf of Equipment Finance Company to demand by 2nd Tier Lender on $60million operating line. Demand withdrawn and debt favourably re-negotiated.

Successful appeal to establish spousal status for individual involved in long term extra-marital affair.

Successful trial and defence of appeal of landmark Joint Family Venture claim by common law spouse

Successful settlement in mediation by owner against 15 parties seeking to enforce construction lien rights.

Successful arbitration for the extrication of a minority interest in multi-generational real estate holdings in the GTA.

Successful trial for the granting of easements and shared facilities as between two adjoining high-rise multi-residential properties.

Successful trial granting specific performance of real estate designated for commercial development purposes with significant abatement of purchase price.

Successful settlement of substantial equalization with complex issues of business valuation and family trust interests

Successful trial and appeal in complex custody case where medical treatment for childhood obesity in issue.

Successful motion yielding highest interim spousal support award in Province of Manitoba history following analysis of family trust and business issues giving rise to imputation of income.

Successful trial for the imputation of income for child/spousal support purposes in case where spouse’s income derived exclusively from gifts.

Successful trial and hearing at Court of Appeal in respect of imputation of income for child/spousal support purpose and claim to joint family venture and constructive trust in complex claims by common law spouse.

Litigation and recovery of investment on behalf of Private Equity / Merchant Banker from group of companies engaged in managing Labour-Sponsored Fund.

Successful litigation and settlement on behalf of Creditor/Investor of $1.6million debt by (alleged insolvent) debtor/manager of development portfolio

Successful arbitration on behalf of minority shareholder resulting in forcing majority/manager to buy-out of 1/3rd Shareholder from real estate management and development company for $70+ million.

Successful arbitration before three-person arbitration panel of working capital dispute under agreement of purchase and sale arising on purchase of prominent media company

Successful appeal of termination by Facility Association of Agency/Broker Service Carrier Agreement

Successful arbitration with substantial indemnity cost award in a real estate matter establishing our client as the sole owners of disputed properties in and around the GTA

Successfully arbitrated Managing General Agency’s agreement wrongful termination of partnership agreement

Successfully arbitrated multi-million dollar dispute on behalf of Canadian franchisee against international master franchisor arising from franchisor’s breach of franchise agreement and good faith obligations

Successfully arbitrated shortfall in compensation and capital payments between accountants on their termination by a prominent accounting firm

Successfully arbitrated shareholder dispute between principal operator/shareholder and institutional investor shareholder resulting in a finding of oppression and curative remedies in favour of principal operator relating to operation of business