Litigation & Arbitration

 

Litigation & Arbitration

 
 
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A dispute and the need for litigation counsel can arise from an infinite set of facts. The list of hypothetical scenarios is literally endless. For example:

  • a dispute can arise between contracting parties;

  • a defence may be necessary to deal with a regulator’s order;

  • legal action may be required against a known or anonymous party publishing defamatory material over the internet;

  • a pre-litigation or pre-discovery “Norwich” order may need to be pursued to: (i) follow a path of IP addresses; (ii) track the location and ownership of various network nodes; or (iii) determine the identity of a URL’s current/former owner;

  • a litigation strategy is necessary when software (allegedly) causes damage; and

  • a litigation strategy is an essential part of planning for, and reacting to, a cybersecurity breach.

In most cases, dispute resolution is possible through settlement discussions, negotiated mediation, private arbitration, and/or court litigation.

Dispute resolution is a dynamic process. Anticipated positions can shift, evidence admissibility can turn a case, and the background of the decision maker at any given stage can be vital.

The practice of litigation requires:

  • knowledge of the relevant dispute resolution rules;

  • appreciation of preliminary facts and fact-gathering strategies;

  • knowledge of the rules of evidence;

  • knowledge in the particular domain at issue;

  • knowledge of the law—or how to ascertain the law—underlying the dispute;

  • adeptness with anticipating counter arguments;

  • skill in assessing and focusing on relevant details;

  • experience formulating a “theory of the case”;

  • experience formulating a procedural case strategy; and

  • skill in written and oral advocacy.

We isolate the core issues in dispute with an initial case assessment, and focus on those issues while collecting evidence. Throughout this process, we work to anticipate foreseeable shifts in the factual and legal landscape that can change the litigation dynamic.

As your litigation and arbitration lawyers, we can handle the following on your behalf:

  • civil disputes regarding contract, commercial, regulatory, defamation, and negligence issues;

  • demand letters;

  • case assessments;

  • domestic arbitrations;

  • international arbitrations;

  • examinations for discovery;

  • motions;

  • mediations;

  • pre-trials;

  • Small Claims Court actions;

  • “simplified procedure” actions;

  • Superior Court trials; and

  • appeals to the Ontario Court of Appeal and Supreme Court of Canada.

See the profile of Chetan Phull for further information about his litigation background.

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