Expertise

COMMERCIAL LITIGATION

We represent clients in complex commercial litigation matters, from contract and partnership disputes, to complex multi-party commercial claims. We have extensive experience managing commercial files involving large volumes of documentary disclosure, and work with outside experts, where necessary, to supplement our services.

We use litigation management software to manage and organize large claims efficiently and cost effectively, ensuring that our commercial litigation files are focused for trial or advantageous settlement from the outset.

We have represented clients in numerous commercial litigation matters both at the Superior Court and the Court of Appeal for Ontario. We have acted on individual files involving tens of millions of dollars in dispute, dozens of named parties and tens of thousands of pages of documentary disclosure. We have acted in shareholder disputes, contract disputes including commercial leases, real estate joint ventures, defamation claims, and breaches of fiduciary duty.

Example of a successful trial decision against a foreign exchange dealer

Successful claim against resource mining company on share put option

PROFESSIONAL LIABILITY

We represent clients in claims of professional negligence and breach of fiduciary duty against financial professionals, including brokers and financial advisors.  We have acted on behalf of numerous groups of investors in professional negligence claims, and are experienced in conducting multiple party plaintiff side negligence claims in this area.  We are able to evaluate the merits of professional negligence files from the outset of the litigation, ensuring that our clients are in the best position to achieve a timely and cost effective outcome.

CIVIL FRAUD

We have acted on some of the largest fraud claims in Ontario both on the defence and plaintiff side and have extensive experience in civil fraud litigation.

We have successfully defended clients at trial in fraud claims of over $20 million, and have successfully defended clients against multi-million dollars claims of mortgage fraud and financial advisor frauds. In the area of securities fraud, we have successfully opposed litigation brought by the Ontario Securities Commission to cancel tens of millions of securities owned by our client.

Our defence work in the civil fraud area has given us the experience to pursue plaintiff side civil fraud claims with skill and experience.  We commonly act for groups of investors in fraud claims involving investment schemes and fraud by financial professionals.  In addition, we have successfully tried fraud claims involving foreign exchange dealers and contractors.

Perhaps more than in any other area of litigation, successful representation of clients in civil fraud claims requires counsel with a long range, strategic outlook.  Fraud claims are heavily dependent on a wide variety of procedural motions and court ordered evidentiary disclosure.  Managing and timing this process is central to successful litigation and requires counsel with experience in these areas.  Our record of successful representation of clients in civil fraud matters speaks for itself.

See for example our successful trial defence of defendants in a $20 million fraud

INJUNCTIVE RELIEF/ RECIEVERSHIP

As part of our commercial litigation and civil fraud litigation practices, we commonly obtain injunctive relief in the form of Mareva injunctions, Anton Piller orders, and other injunctive relief. In addition to injunctive relief, we often seek receivership Orders in commercial disputes.

Injunctive relief is a specialized area of law requiring counsel with experience in these areas.  Used correctly, injunctive relief obtained at the outset of litigation can provide a major strategic advantage to our clients.

CLASS ACTION DEFENCE

We act as defence counsel in class action claims.  David Milosevic has completed a Master of Laws in Civil Litigation with a focus on class action litigation. We recently acted as class action defence counsel for one of Canada’s largest credit and collection companies.  As with all our litigation services, we approach class action defence with a focus on thorough risk assessment, cost efficiency and firm advocacy. Where necessary, we are prepared to take class action claims to trial rather than advise settlement of unmeritorious claims.

In November 2016 we succeeded in having a class action against our client dismissed on a motion for summary judgment.

REGULATORY LAW

We represent clients in claims involving securities, occupational health, and environmental disputes both at trial and on appeal. Our lawyers have appeared on dozens of regulatory motions before the Court of Appeal for Ontario and have conducted several trials in this area of law.

INVESTMENT LOSS

If you have lost money on an investment, and believe that it was caused by a financial institution or broker’s fraud or negligence, we can help.

We have experience obtaining results for clients, whether through litigation or settlement. Recently, we have:

  •  Secured a large settlement from a well-known life insurance company on behalf of a group of investors who were misled by their advisor on the safety of their investments
  • Successfully resisted a summary judgment motion brought by a brokerage firm to dismiss our claim for $3 million in damages arising from an individual investor’s losses

INSURANCE

Our firm can assist you with insurance coverage, insurance defence, and insurance compliance issues. Cameron Fiske worked for several years on both the plaintiff and defence side in insurance related cases with an emphasis on long-term disability coverage, lapse, accident insurance, construction issues, the liability of brokers, and coverage denial related issues.