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Litigation & Disputes
I’m thinking about suing someone, or I am being sued…
Litigation & ADR
Litigation is one of the riskiest and most unpleasant situations which a business may face. Even the strongest case has a significant risk factor simply because of the unpredictability of the court process or arbitration and the associated costs.
The lawyers at Spark Law have real and significant experience litigating complex commercial disputes, insolvency and restructuring matters, commercial fraud cases, all manner of contractual disputes, professional negligence matters, collections, employment cases, domestic and international arbitrations, and almost any other kind of case you can think of.
If your company is facing litigation—as plaintiff or defendant—we are here to guide you through the complicated terrain and advise you how to improve your odds, control your costs, and manage the risks involved.
Mr. Miyagi would tell you, though, that sometimes the best way to win a fight is to avoid it altogether. Talk to us before the dispute reaches the point of litigation, and we might be able to save you the trouble and the expense. Our experience litigating helps us to recognise risk, assess it, and take steps either to avoid the litigation altogether or get you into a better position going in.
Our best advice for dealing with litigation risk? As soon as you think you might need legal advice, you probably do. Call Spark Law.
Appeals
You win some, you lose some. If you’re not happy with your recent loss at trial or motion — whether you were the lawyer or the client — contact us because we have the experience and the desire to help.
Difficult and novel legal issues don’t scare us; we love the challenge. Appellate litigation requires a special set of skills and mind for strategy. We have the experience and the ability to craft a great appeal factum and argument.
If you wish to remain lawyer of record throughout the appeal, we are happy to collaborate with you by ghostwriting your factum, working on strategy with you and your client behind the scenes, and providing that fresh set of eyes for argument and research.
Given the tight timelines for filing a notice of appeal or a motion for leave to appeal, make sure you contact us as soon as possible after you receive the decision you wish to appeal from.
If you’re contemplating seeking leave to the Supreme Court of Canada from a decision of the Court of Appeal, we can help with your leave materials too. And Jacqueline continues to wait patiently for her first appearance before the Supreme Court of Canada. Help Jacqueline make it to the Supreme Court. We promise you that you won’t be sorry.
Class Actions
We have extensive experience in class action litigation, from the initial investigation stages, through to certification and summary judgment motions, as well as at common issues trial. Working at one of Canada’s top plaintiff side class action firms for 13 years has allowed Jacqueline to gain unique and valuable insights into the minds and strategies of plaintiff class action lawyers.
Class action litigation is complex and high stakes. We aren’t afraid to take a case to trial whether we represent the plaintiff or the defendant in a class action. In fact, we welcome the challenge. Once we get involved in a case, we are all in.
For potential representative plaintiffs or individuals who believe that they have an action against a defendant that may be brought in the form of a class proceeding, please contact us and we will assess the merits of your case and report back to you in as short a time frame as possible.
For class action plaintiff lawyers looking to collaborate, know that we are fair and reasonable people and we won’t become unfair and unreasonable when it comes to sharing fees at the end of a case. We pride ourselves on our adherence to the Rules of Professional Conduct and would never pad our dockets. We expect the same of you.
For class action defendants and defence lawyers looking to collaborate, the strategic insight that we have gained into the minds of plaintiff class action lawyers will provide your client and your team with valuable and unique advantage. We can predict when and if a plaintiff will settle, when they will go to trial and how committed they are to their cause.
Commercial Fraud
Few situations are more unsettling for lenders than the discovery that their borrowers’ cupboards—supposedly full with inventory purchased with lenders’ funds—are bare.
We have experience acting for institutional lenders and financial regulators in dealing with the aftermath of complex commercial frauds. We can help you figure out whether there has, in fact, been a fraud perpetrated, and what exactly is your best course of action.
We can apply to get a monitor appointed to investigate the alleged fraud, and can get a receiver appointed to take control of the borrowers’ business if evidence of a fraud is discovered. We will work with forensic investigators to trace the funds, and take action as required to recover your money and the assets that have been bought with it.
No question: commercial fraud is a bad situation. We can help make sure that it doesn’t go from bad to worse.
Insolvency & Restructuring
For some, insolvency is a four-letter word. However, the truth is that insolvency can be an opportunity. Restructuring proceedings can be used to rehabilitate a business, to deal fairly with legacy costs and credit arrangements, or to wipe the slate clean and start over again.
For creditors, the orderliness of an insolvency proceeding is often easier to deal with than the chaos of litigation and other collections efforts. And for those with sharp eyes, insolvency restructurings can present investment opportunities as certain elements of a business or discrete assets can often be acquired at deeply discounted pricing.
We also regularly represent insolvency professionals as independent counsel, providing security opinions, representation in court proceedings and transactions, and providing general advice to help those professionals work through the more contentious matters.
We have many years of experience advising debtors, creditors (institutional, shareholder, and trade creditors among others), and insolvency professionals in all different types of insolvency restructurings both formal and informal. We would be pleased to put that experience to work on your behalf.
